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" "10- D;k Lokeh d`".kcks/kk Je dks oknh dks 'kadjkpk; Z ds :i esa ukfer djus dk vf/kdkj Fkk\ " "9. Later on, he shifted to residence of Sri Bipin Bihari Verma, Bar at Law and Member of Parliament, residing at 7, Canning Lane, New Delhi towards the end of November, 1952. It was deposited with District Registrar, Allahabad by Sri Dwarika Prasad Shastri, as holder of power of attorney of Swami Brahmanand Saraswati.

Whethther Swami Krishna Bodhashram had authority to nominate plaintiff as Shankaracharya ? Previous "Will" which were already deposited with District Registrar, Allahabad were taken back by Dwarika Prasad.

" "22- D;k iz Lrqr okn fof'k"V vuqrks"k vf/kfu;e ds izko/kkuksa ls ckf/kr g S\ " "22. PW 13 Sri Basant Anant Gadgil Sanskrit Bhasa Pracharak Wa Patrakar, Pune, Maharastha 11. On , "Will" dated was opened before District Registrar, Allahabad, after he got satisfied about the death of Swami Brahmanand Saraswati.

Whether the suit is barred by principles of Specific Relief Act ? However, while deciding the matter, Trial Court bifurcated certain issues. 2 was divided in two parts, as under: "2- D;k vkfnxq: 'kadjkpk; Z }kjk fyf[kr iq Lrdksa e Bk EU;k; egkuq'kklu esa muds }kjk Hkkjro"k Z esa LFkkfir T;ksfr Ze B cfnzdk Je lfgr pkjksa ih Bksa ij 'kadjkpk;ks Za dks LFkkfir djus ,oe~ dk;ks Za ds l Ec U/k esa fu;e fn;s x;s g Sa\ "2. Ganga Prasad Pandey obtained a certified copy of "Will" and produced the same before committee on .

513 of 1989 (Jagatguru Shankaracharya, Jyotishpeethadheeshwar Sri Swami Swaroopa Nand Saraswati Vs. 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 set up by plaintiff, vide plaint dated is that plaintiff is duly installed Jagat Guru Shankaracharya of Jyotirmath/Jyotishpeeth from and performing religious duties and functions provided in "Mathamnaya" and "Mahanushasan", the books prescribed to regulate and govern functioning of Jagat Guru Shankaracharya. Several centuries ago, Jagat Guru Shankaracharya propounded theory of absolute Monism, based on the authority of Upnishads. 'Will' was read over to Committee and it was resolved that it should be published in Pandit Sabha and arrangement should be made for installation of successor. Thus it is evident that Swami Swroopanand and other disciples of Swami Brahmanand knew well about "Will" executed by Swami Brahmanand which was kept at Allahabad and a copy whereof was brought from Allahabad and contents thereof were made known to all of them.

This is defendant's appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as "CPC") arising from judgment and decree dated passed by Sri Gopal Upadhayay, Civil Judge (Senior Division), Allahabad in Original Suit No. Plaintiff-respondent (hereinafter referred to as 'plaintiff') instituted Original Suit No. Proceedings dated show that a certified copy of 'Will' was obtained from Allahabad and produced before Committee.

" "3- D;k T;kssfr Ze Bksa esa LFkkfir 'kadjkpk;ks Za }kjk viuk m Rrjkf/kdkjh ukfer djus gsrq dksb Z fu;e] iz Fkk v Fkok izkfo/kku g S\ " "3. PW 42 Sri Madan Mohan Kakkar Handwriting and Fingerprint expert (V) Photographers and Videographers. PW 33 Sri Raj Narain Tripathi, Teachar, Allahabad (II) About qualification and other details of a Sanyasi: 1. It was pleaded that Jyotirmath/Jyotishpeeth remained extinct for about 150 years and then in 1941, B. M., VNS as the body of learned men, Pandits, Sanyasis as well as Grihasthas, Princes, Rajas, and other persons and Religious Institutions, created a "Trust" vide "Trust Deed", dated , executed by Sri Balkrishna Mishra, Secretary. During this period, immovable property was acquired by Jyotirmath/Jyotishpeeth at Allahabad, Jabalpur and Chhindawara.

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Whether defendant is eligible and possesses essential eligibility qualifications to be installed as Shankaracharya of Jyotirmath Badrikashram as provided in Mathamnaya and Mahanushasan? Later on he came to live for 1½ months with Swami Brahmanand Saraswati at Allahabad in 1951." "13- D;k fnukad [email protected] uo Ecj 1989 dks izfroknh dk T;ksfr"kih B ds 'kadjkpk; Z ds :i esa df Fkr vf Hk"ksd vo S/k ,oe~ vfof/kiw.k Z g S\ " "13. " "19- D;k iz Lrqr okn ifjlhek ls ckf/kr g S\ " "19. " "20- D;k iz Lrqr okn foc U/ku ds fl)k Ur ls ckf/kr g S\ " "20. The interim Committee consisted of 12 persons whereof Swami Swaroopanand was President and Pandit Bal Krishna Misra was Secretary.Whether alleged Abhishek (coronation) of defendant on 14/15th November 1989 as Shankaracharya of Jyotishpeeth is illegal and against Rules ? Whether the suit is barred by principles of estoppel and acquiescence ? It also included as members, Pandit Dwarka Prasad Shastri, Ram Prasad, Mahesh, Ganga Prasad Pandey etc." "23- oknh fdl vuqrks"k dks izk Ir djus dk vf/kdkjh g S\ " "23. Whether rules have been propounded in the books Mathamnaya and Mahanushasan composed by Adi Guru Shankaracharya for installation of Shankaracharya on four Seats (Peethas) including badrikashram, established by him in India? ;fn gk Wa rks D;k oknh dks T;ksfr Ze B cfnzdk Je ij 'kadjkpk; Z ds :i esa mu fu;eksa ds vuq:i LFkkfir fd;k x;k g S\ " "2/1. PW 5 Sri Harihar Prasad Pandey, Retired Teacher, Varanasi 5. PW 11 Sri Ashwin Bhai Purohit and Samaj Sewak, Dwarika, Gujarat 9. Committee unanimously decided that "Will" should be published and successor should be installed at the earliest.

If so, whether plaintiff has been installed as Shankaracharya according to those rules? Plaintiff and appellant, both adduced 42 witnesses each, i.e. PW 6 (Plaintiff) Swami Sri Swaroopa Nand Saraswati, Disciple, Brahmleen Swami Brahamanand Ji Saraswati 6. Another meeting of Committee was held on , after publication of 'Will', and according to that Sri Ram Ji Tripathi (Swami Shantanand Saraswati) was to be installed as Peethadhishwar of Jyotirmath/Jyotishpeeth.

Similarly plaintiff adduced total 815 documents which included copies of various documents, photographs, copies of newspapers etc., and appellant in support of his case has adduced 361 such documents which also included a large number of photographs, newspapers, magazines etc. Sri Banwari Lal Dixit requested Magistrate to stop installation of Swami Shantanand, but Magistrate refused to grant any injunction, observing that dispute has to be adjudicated by Civil Court and also observed that installation ceremony must have already taken place since it was scheduled for . 374 of 1953 was filed by Bal Brahmchari Mahesh Ji and Swami Vishwadevanand Saraswati against Swami Karpatri Ji, Swami Krishna Bodhashram and few others in the Court of Munsif (North), Lucknow, seeking permanent injunction. Plaintiff Swami Parmanand Saraswati, and three others pleaded that Swami Shantanand lacked requisite qualification of Shankaracharya as per norms laid down by Jagat Guru Adi Shankaracharya in his books Mathamanaya and Mahanushasan.