MATHA SUNANDANANDA THEERTHA Vs. SOMESWARA RAO

JUDGEMENT

(1.) The appellant herein filed O.S.No.2535 of 1997 in the Court of the Principal Junior Civil Judge, Visakhapatnam for declaration to the effect that she is the successor to Sree Satyananda Viswa Vihar Ashram, Sreenagar, Visakhapatnam (for short 'the Ashram'), by virtue of a Will, dated 13.02.1995, executed by Sri Satyananda Maharshi (hereinafter referred to as "THE Maharshi") to manage and look after the affairs of the Ashram; and for perpetual injunction to restrain the respondents from interfering with the functioning of the Ashram. It was pleaded that THE Maharshi established an Ashram at Inamadugu of Nellore District several decades ago and that since quite good number of disciples and followers were there at Visakhapatnam, an Ashram was established at that place also. THE appellant is said to be one such disciple from Visakhapatnam and that she has taken sanyasam to devote her life for the objectives enunciated by THE Maharshi. THE Maharshi is said to have executed a Will, dated 13.02.1995, conferring the right of the management of Ashram upon the appellant and that he passed away on 16.10.1996. She is said to have assumed the management of the Ashram and is looking after the same by conducting ceremonies, preaching devotees and undertaking other spiritual activities in a peaceful and congenial atmosphere. Complaining that the respondents are trying to interfere with the functioning of the Ashram, the appellant filed the suit.

(2.) Respondent No.1 filed a written statement and respondent Nos.2 to 4 filed a memo adopting the same. They alleged that the suit was filed with an objective of grabbing the Ashram. According to them, Sree Satyananda Viswa Vignana Sangam, Visakhapatnam (for short 'the Sangam') has been managing the Ashram for the last 42 years with the blessings of The Maharshi and that the Will pleaded by the appellant is a forged one. It was also mentioned that the General Body of the Ashram at Inamadugu held a meeting on 19.05.1996, presided over by The Maharshi; and that in the meeting, it was announced that the Sangam shall be in-charge of the administration and management of the Ashram at Visakhapatnam. Defendant Nos.1 to 3 are said to have attended the said meeting and it was pleaded that ever since then, the Sangam is managing the Ashram. Allegations of harassment and mismanagement are also made against the appellant.

(3.) Sri M.Bala Subrahmanyam, learned counsel for the respondents, on the other hand, submits that the management of the Ashram was entrusted to the Sangam during the life time of The Maharshi himself and that the appellant tried to assume the management after the death of Maharshi by concocting the Will. He further submits that there are several suspicious circumstances that surrounded Ex.A1 and the appellant was not able to explain the same. Learned counsel contends that the lower appellate Court has pointed out the unnatural aspect of Ex.A1 and has arrived at a just and proper conclusion.