(1.) This is defendant's appeal under section 96 of Code of Civil Procedure (hereinafter referred to as "CPC") arising from judgment and decree dated 05.05.2015 passed by Sri Gopal Upadhayay, Civil Judge (Senior Division), Allahabad in Original Suit No. 513 of 1989 (Jagatguru Shankaracharya, Jyotishpeethadheeshwar Sri Swami Swaroopa Nand Saraswati v. Swami Vasudevanand Saraswati).
(2.) Plaintiff-respondent (hereinafter referred to as 'plaintiff') instituted Original Suit No. 513 of 1989, seeking permanent injunction restraining defendant appellant (hereinafter referred to as 'appellant') from being installed as Jagat Guru Shankaracharya of Jyotirmath/Jyotishpeeth Badrika Ashram Himalaya (hereinafter referred to as "Jyotirmath/Jyotishpeeth") and proclaim himself as Jagat Guru Shankaracharya of Jyotirmath/Jyotishpeeth and restrain from holding Danda, Chhatra Chanwar and Singhasan of the office of Shankaracharya of Jyotirmath/Jyotishpeeth. Plaint Case
(3.) Plaint case set up by plaintiff, vide plaint dated 10.11.1989 is that plaintiff is duly installed Jagat Guru Shankaracharya of Jyotirmath/Jyotishpeeth from 07.12.1973 and performing religious duties and functions provided in "Mathamnaya" and "Mahanushasan", the books prescribed to regulate and govern functioning of Jagat Guru Shankaracharya.