KUPPUSWAMI NAIDU M Vs. V CHANDRASEKHAR REDDI

JUDGEMENT

(1.) Both the Civil Revision Petitions are heard together and are being disposed of by this common order as they arise out of the same suit. Both the Civil Revision Petitions are directed against the orders dated 10-3-1995 made in I.A.Nos. 366 and 586 of 1990 in O.S.No.318 of 1989 on the file of the Court of the Additional Subordinate Judge, Tirupathi.

(2.) The facts that arise for consideration can be briefly stated as follows; The plaintiff is Srimad Abinava Ramanuja Brahmathantra Swathantra Prakala Swamiji. He is represented by his power of attorney holder Mr. N. Narasimha Reddy. The plaintiff filed the suit seeking division of the plaint schedule land into four equal shares and to allot 1/4th share to the plaintiff and to put him in separate possession of the same. Permanent injunction is also claimed restraining others from changing the physical features of the land. The plaintiff has also claimed some other reliefs. During the pendency of the suit, Srimad Abinava Ramanuja Brahmathantra Swathantra Parakala Swamiji died on 23-7-1992 and therefore the mutt is succeeded by another Matadhipathi Srimad Abhinava Vageesha Brahmathantra Swathantra Parakala Swamiji. The power of attorney holder viz., N. Narasimha Reddy presented the suit on behalf of the previous Matadhipathi.

(3.) The succeeding Matadhipathi filed an application I.A.No. 366 of 1993 to implead him as successor Matadhipathi. It is alleged by him that the power of attorney has been revoked by the previous Matadhipathi and that the power of attorney holder has played fraud and that the power of attorney comes to an end soon after the death of the person who executed the same. It is also stated that the power of attorney holder has sold away the property of the mutt without any authority and played fraud over the mutt. It appears that the said Narasimha Reddy has sold away some properties and the purchasers have filed I. A. No.586 of 1990 claiming rights in the suit property and wanted to be impleaded as successors after the death of the Matadhipathi.