(1.) An order of temporary injunction passed by civil Court restraining the writ petitioner from proclaiming and functioning as Jagatguru Shankaracharya Jyotish Peeth, Badrika Ashram is under challenge in this writ petition.
(2.) Jyotish Peeth (Jyotir Mutt), Badrika Ashram is one of the four Mutts or monasteries established several centuries ago by Shankaracharya who was one of the world's greatest philosopher and spiritual leader. Shankaracharya prepounded theory of absolute monism on the authority of the (Sic), he not only summed up the true philosophy of Vedas as embodied in Upnishads but provided a firm beacon for the subsequent ages: It was for the purposes of strengthening and maintaining the doctrine of non-dualistic philosophy, he established four Mutts or monasteries at the four extremities of India viz Jyotir Mutt at Badrinath in the north, Sharda Mutt in Gujurat in the west, Srigeri (Sic) south and Gobardhan Mutt at Puri in east, each one of them was placed in charge of one of its ascetic disciples. In later years the persons who became head of above Mutts also proclaimed themselves to be Shankaracharya, consequently the Mahants or Muttadhipatis of all four Mutts were also known as Shankaracharya. In the suit filed by respondent No. 3 out of which present writ petition arises, the dispute was with regard to Shankaracharya of Jyotir Mutt, Badrika Ashram.
(3.) By this writ petition, the petitioner has prayed for quashing the order dated 2nd February, 1999 allowing the Application 6C of the plaintiff for grant of temporary injunction and the order dated 27th Aprils 2000 passed in Miscellaneous Appeal No. 41 of 1999 dismissing the miscellaneous Appeal of the petitioner against the temporary injunction order. A further prayer has teen made for quashing the plaint and all proceedings in Original Suit No. 513 of 1989 pending in the of Additional District Judge (Junior Division) II, Allahabad.