RAMANANDA ASRAMAM Vs. SADANANDASWAMI

JUDGEMENT

(1.) The granting of leave to the plaintiffs in unnumbered Original Suit of 2009 under Section 92(1) of C.P.C. vide the impugned order in I.A.No.3161/2009 is challenged by the defendants 1 and 4 in this Revision Petition. The 5th respondent herein was subsequently transposed as the 3rd petitioner.

(2.) Ramananda Ashram, Mannur, Palakkad was established by Brahmasri Ramananda, known as 'Gurudevan', and a Settlement Deed No.356/1945 of Parali SRO was executed, settling the rules, regulations, practices and procedures to be followed in the Ashram. The deed makes it abundantly clear that the Ashram is established as a public religious charitable trust, to be known by the name Ramananda Ashram. The Ashram has properties extending over the States of Kerala and Tamil Nadu. Gurudevan appointed two persons, namely, Chilprakasanandhaswami and Narayananandhaswami as his successors. Gurudevan attained Samadhi in the year 1955. But his appointee Chilprakasanandhaswami attained Samadhi even prior to Gurudevan and hence the control and charge of the Ashram was taken over by the other appointee, namely, Narayananandhaswami as the rakshadhikari and he in turn, nominated Chilprakasanandhaswami (Junior) as his successor rakshadhikari. While Chilprakasanandhaswami (Junior) was the rakshadhikari, he and his disciples executed two agreements pertaining to the management of the Ashram as document Nos.20/1965 and 28/1978 of Parali SRO. Pursuant to these documents, the management of the Ashram was entrusted to a Managing Committee. Chilprakasanandhaswami (Junior) attained Samadhi in 1983 and the 2nd defendant Maheswaranandaswami, took over the administration of the Ashram, as its Managing Trustee. Yet another agreement was executed on 30.11.1988 pertaining to the management of the trust as document No.77/1988.

(3.) While the 2nd defendant was in control of the affairs of the Ashram, two Sanyasis, namely, Swamy Bhakthothamananda and Swamy Sachidhanandha approached the District Court, Palakkad by filing O.S.No.150/1999 for the purpose of framing of the scheme for management of the Ashram and the same is still pending. It is pointed out that the plaintiffs, who filed that suit, are no more and without impleading anyone to proceed with the suit, it abated.