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Andhra High Court
25-03-2009 vs A.S.M.P.No.285 Of 2009 In ...

THE HONOURABLE SRI JUSTICE P.S.NARAYANA

A.S.M.P.No.285 of 2009 in A.S.No.90 of 2009 and A.S.M.P.No.286 of 2009 in A.S.No.91 of 2009

25-03-2009

A.S.M.P.No.285 of 2009 in A.S.No.90 of 2009

Shri Kashi lMath Samsthan, Benaras,

rep. by its Matadhipathi

Srimad Raghavendra Thirtha Swami

and another

Srimad Sudhindra Thirtha Swami,

Sri Vyasashrama, Haridwar,

Rep. by GPA Agent

Sri Gurupur Ganapathi Prabhu

and another

A.S.M.P.No.286 of 2009 in A.S.No.91 of 2009

Shrti Kashi Math Samsthan, Benaras,

rep. by its Matadhipathi

Srimad Raghavendra Thirtha Swami

and another. ...Petitioners/Appellants

VS.

Srimad Sudhindra Thirtha Swami,

Sri Vyasashrama, Haridwar,

Rep. by GPA Agent

Sri Gurupur Ganapathi Prabhu ...Respondent

COUNSEL FOR THE PETITIONERS: SRI GANESH SHENOY

COUNSEL FOR THE RESPONDENTS: SRI B. ADINARAYANA RAO

:COMMON ORDER:

Sri Kashi Math Samsthan, Benaras, represented by its Matadhipathi Srimad Raghavendra Thirtha Swami and Srimad Raghavendra Thirtha Swami, Tirumala Sri Kashimath, Tirumala, State of A.P, filed these applications praying for the relief of temporary injunction restraining respondents Srimad Sudhindra Thirtha Swami, Sri Vyasashrama, Haridwar, represented by GPA Agent, Sri Gurupur Ganapathi Prabhu and Tirumala Sri Kashimath, Tirumala, represented by the Manager, from in any way interfering with exercise of powers, duties and privileges of the second plaintiff as Matadhipathi of first plaintiff being its 21st pontiff and to grant ad-interim injunction pending notice to the respondents and pass such other suitable orders and also further praying for stay of operation of the judgment and decree in O.S.No.34 of 2000 on the file of IV Additional District Judge, Tirupathi, and to grant ad-interim stay and pass such other suitable orders respectively.

2. For the purpose of convenience, both these applications are being disposed of by this common order.

3. Sri B. Adinarayana Rao lodged caveat on behalf of R-1. On 02.3.2009, after hearing Sri Ganesh Shenoy, learned counsel representing petitioners and Sri B. Adinarayana Rao, learned counsel representing R-1, orders were reserved. Further it was recorded "Sri B. Adinarayana Rao, the learned counsel states that a decree of mandatory injunction granted by the counter-claim will not be put into execution till the appropriate orders are made". Since the second respondent had not chosen to contest the matter before the trial court, the matter was directed to appear in the list under the caption "for being spoken to" on 13.3.2009 and after hearing the counsel, again the orders were reserved.

4. The unsuccessful plaintiffs in O.S.No.34 of 2000 on the file of IV Additional District Judge, Tirupathi, being aggrieved of the dismissal of the suit and allowing of the counter-claim, had preferred these appeals and also filed the applications praying for the relief of temporary injunction and the relief of stay in the respective applications specified supra.

5. The petitioners herein, the plaintiffs in the suit aforesaid, filed the suit for declaration that the second plaintiff is the present Matadhipathi, 21st pontiff of first plaintiff Math, and also for the relief of perpetual injunction restraining the defendants from in any way interfering with the exercise of powers and privileges as 21st pontiff of the first plaintiff Samsthan by the second plaintiff and for other appropriate reliefs.

6. The learned Judge, after referring to the respective stands taken in the pleadings and further appreciating the oral and documentary evidence available on record, the evidence of P.Ws.1 to 13, D.Ws.1 to 3, Exs.A-1 to A-565, Exs.B-1 to B-308, Exs.X-1 to X-65a and answered the issues in detail, ultimately came to the conclusion that one who seeks equity himself come to court with clean hands and the second plaintiff suppressed several facts and also further in the light of the admitted facts, the plaintiffs are not entitled for the relief of declaration and also the relief of perpetual injunction and accordingly negatived the reliefs and further granted the reliefs prayed for by the defendants in the counter-claim. Aggrieved by the same, these appeals had been preferred and also the applications praying for the reliefs specified supra also were filed.

7. Sri Ganesh Shenoy, learned counsel representing petitioners had placed literature concerned with the Math in question and further specifically pointed out to the oral and documentary evidence available on record and further specifically pointed out to the non-consideration of the material available on record by the trial court and would maintain that in the facts and circumstances of the case it is a fit matter where temporary injunction and also the stay as prayed to be granted. The learned counsel also pointed out to the letter, dated 28.9.1995, wherein D.W.1 in a way admitted the second plaintiff who is Matadhipathi. The counsel also pointed out to Ex.A-78 by virtue of which D.W.1 directed the community to read, understand, place and preserve Ex.A-77 and the counsel also pointed out to Ex.A-554. Further, the learned counsel pointed out to Ex.A-225 and Ex.A-568, Ex.A38, Ex.A-42, Ex.A-91, Ex.A-186, Ex.A-192, Ex.A- 194, Ex.A-195, Ex.A-196, Ex.A-383 and further had taken this Court through the relevant portions of the oral evidence as well and would maintain that in the light of the same, in these appeals, appropriate interim reliefs to be granted. The learned counsel also pointed out to Ex.B-45, Ex.B-34, Ex.B-176 and also Ex.A-57, Ex.A-72, Ex.A-94, Ex.A-178, Exs.X-14 to X-44 and would maintain that these aspects had not been appreciated by the learned Judge in proper perspective. The learned counsel also in elaboration pointed out to the elaborate grounds raised in these appeals and also the stand taken in the affidavit filed in support of these applications and the counter-affidavits and would maintain that inasmuch as several serious questions are involved and since the petitioners are having a strong prima facie case and balance of convenience is being in their favour and if the reliefs are not granted, the petitioners would be put to irreparable loss, the interim orders to be granted. The learned counsel also would emphasize that in the present matter the petitioners- appellants-plaintiffs are requesting for the maintenance of status quo and in the light of the voluminous oral and documentary evidence and the nature of the findings recorded by the trial court, these are fit matters where status quo existing as on today, atleast, to be maintained during the pendency of these appeals and the appeals may be taken up for final hearing at an early date in the event of other side pleading urgency. The learned counsel also pointed out to the prior order made by this Court and how the matter was carried to the Apex Court, the nature of the order made by the Apex Court and how there was some delay in disposal of the main suit and ultimately would maintain that in the light of the existing state of things it would be just and proper to continue the said state of things during the pendency of these appeals. The learned counsel also relied on certain decisions to substantiate his submissions.

8. Sri B. Adinarayana Rao, learned counsel representing the respondents had taken this Court through the elaborate counter-affidavits filed and further pointed out to the findings which had been recorded by the trial court and would maintain that in the light of the said findings in these appeals, no interim orders to be made. The learned counsel also would maintain that the relief of mandatory injunction cannot be stayed for the reason that this is more concerned with the faith of devotees and when the relief of declaration relating to Matadhipathi had been negatived, the learned Judge arrived at correct conclusion by granting appropriate reliefs prayed for in the counter-claim and keeping in view the interest of the devotees concerned with this faith, it may not be just and proper to make any interim order, whatsoever, at the appellate stage during the pendency of these appeals, especially, in the light of the clear findings which had been recorded by the trial court. While making elaborate submissions, the learned counsel pointed out to the respective pleadings, the issues settled by the trial court, the oral and documentary evidence available on record and the categorical findings recorded by the trial court and in all fairness would maintain that, no doubt, these findings are unchallenged in these appeals, but however, while such applications are moved at the appellate stage, especially, in the light of the long pendency of the litigation and non-disposal of the suit despite the directions given by the Apex Court, these are not fit matters where interim orders to be granted and in the event of the petitioners-appellants- plaintiffs being successful ultimately at appropriate stage the relief of restitution may be prayed for, but at present the respondents cannot be deprived of their legitimate rights of having Deities etc., to be restored in pursuance of the relief of mandatory injunction. The learned counsel also pointed out to paras 26, 30, 38, 49, 50, 52 and 55 of the judgment in particular and also further pointed out to several of the documents which had been referred to by the learned trial Judge and the findings recorded in relation thereto and would maintain that in the light of such convincing findings which had been recorded by the learned trial Judge, definitely, this is not a fit matter where interim orders be granted as prayed for in these applications and, hence, the learned counsel prayed for dismissal of these applications.

9. Heard the counsel on record, perused the oral and documentary evidence available on record and also the findings recorded by the trial court.

10. In the light of the submissions made by the counsel on record, the following points arise for consideration in these applications. (1) Whether the relief of temporary injunction as prayed for in A.S.M.P.No.285 of 2009 in A.S.No.90 of 2009 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure to be granted or to be negatived in the facts and circumstances of the case?

(2) Whether the relief of stay of operation of the decree and judgment in the counter-claim prayed in A.S.M.P.No.286 of 2009 in A.S.No.91 of 2009 under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure to be granted or to be negatived in the facts and circumstances of the case?

(3) If so, to what relief the parties would be entitled?

11. Points 1 and 2:

In view of the commonality of facts and questions involved, for the purpose of convenience, both these points are being answered together.

12. The parties hereinafter would be referred to as petitioners and respondents as shown in these applications.

13. As already aforesaid, the petitioners-plaintiffs instituted the suit for declaration that the second plaintiff is the present Matadhipathi, 21st pontiff of the first plaintiff Math, and for the relief of perpetual injunction and the defendants-respondents had put forth a counter-claim and as already aforesaid in the light of the respective pleadings of the parties having settled the issues, the learned Judge recorded oral and documentary evidence and further recorded findings and ultimately dismissed the suit of the petitioners-plaintiffs allowing the counter-claim filed by the respondents-defendants.

14. The respective stands taken by the petitioners and respondents in the affidavits filed in support of the application and also in the counter- affidavits are substantially the same. The under noted oral and documentary evidence, no doubt, had been relied upon by the parties on the strength of which the learned trial Judge had recorded certain findings and the said oral and documentary evidence, for the purpose of convenience, are being referred to as hereunder.

Witnesses examined on behalf of plaintiffs:

P.W.1 : Jagadeesh Kamath

P.W.2 : V. Gopala Krishna Prabhu

P.W.3 : K. Tharanath Bhakta

P.W.4 : K.G. Padmanabha Prabhu

P.W.5 : K. P. Nanda Kumara Prabhu

P.W.6 : N. Suresh Babu

P.W.7 : Srimadh Raghavendra Theertha Swamiji

P.W.8 : Suresh Gopal Kamath

P.W.9 : Sandhu Badragiri Achyuthadasji

P.W.10: C.V. Viswanatha Pai

P.W.11: N. Ramesh Bhat

P.W.12: P. Vasantha Prabhu

P.W.13: Krishnanda Pundalika Pai

Witnesses examined on behalf of defendants:

D.W.1: Srimad Sudhindra Theertha Swamiji

D.W.2: A. Babula Prabhu

D.W.3: K. Surendra Nayak.

Documents marked for plaintiffs:

Ex.A-1:3.5.1958: Cash receipt issued by defendant No.1 to P.W.1.

Ex.A-2:26.8.1989: Receipt issued by defendant No.1 to P.W.1 Ex.A-3:5.10.1991: Receipt issued by defendant No.1 to P.W.1 Ex.A-4:26.8.1992: Receipt issued by defendant No.1 to P.W.1 Ex.A-5:13.3.1993: Receipt issued by defendant No.1 to P.W.1 Ex.A-6:24.8.1993: Receipt issued by defendant No.1 to P.W.1 Ex.A-7:28.11.1993: Receipt issued by defendant No.1 to P.W.1 Ex.A-8:10.10.1994: Receipt issued by defendant No.1 to P.W.1 Ex.A-9:3.7.1998: Receipt issued by defendant No.1 to P.W.1 Ex.A-10:4.8.2000: Receipt issued by defendant No.1 to P.W.1 Ex.A-11:8.9.2001: Receipt issued by defendant No.1 to P.W.1 Ex.A-12:4.1.1997: Letter from defendant No.1 to P.W.1

Ex.A-13:6.3.1990: Letter from defendant No.1 to P.W.1

Ex.A-14:2.8.1998: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-15:23.7.1989: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-16:13.7.1990: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-17:31.7.1991: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-18:20.7.1992: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-19:9.7.1993: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-20:27.7.1994: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-21:3.8.1996: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-22:24.7.1997: Rayasapatram from defendant No.1 to P.W.1.

Ex.A-23:14.7.1998: Rayasapatram from defendant No.1 to P.W.1

Ex.A-24:2.8.1999: Rayasapatram from defendant No.1 to P.W.1

Ex.A-25:21.7.2000: Rayasapatram from defendant No.1 to P.W.1

Ex.A-26:15.7.1998: Receipt from plaintiff No.2 to P.W.1

Ex.A-27:16.1.1999: Receipt from plaintiff No.2 to P.W.1 Ex.A-28:30.3.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-29:19.7.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-30:12.8.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-31:8.9.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-32:16.10.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-33:18.11.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-34:27.12.1999: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-35:15.1.2000: Letter from Walkeshwar Sri Kashi Mutt to plaintiff No.2.

Ex.A-36: Tour programme of 1st defendant dated 23.4.1992; 24.10.1993 and 10.5.1994.

Ex.A-37: Tour programme of 2nd plaintiff dated 23.10.1994, 13.4.1995, 6.10.1995, 7.4.1996, 28.10.1996, 18.4.1997, 15.10.1997, 13.4.1998, 19.10.1998.

Ex.A-38: Yatras unforgettable.

Ex.A-39: Swami Sudhindra Thirthji, the safe and his selfless service (Book).

Ex.A-40:30.11.1994: Book of Bhavani's Journal Pages 21 to 24

Ex.A-41: Book of Bhavani's Journal pages 21 to 24.

Ex.A-42: Sevamrit Book

Ex.A-43:3.7.1999: Vinanthipathram of GSB Seva Mandal addressed to 2nd plaintiff.

Ex.A-44:16.10.1999: Vinanthipathram of GSB Seva Mandal addressed to 2nd plaintiff.

Ex.A-45:16.10.1999: Vinanthipathram of GSB Seva Mandal addressed to 2nd plaintiff.

Ex.A-46:18.5.1989: Proclamation regarding Shishya Sweekar by 1st defendant.

Ex.A-47:11.1.2002: Pamphlet for Vasantotsava of 2nd plaintiff for 2002

Ex.A-48:24.12.2001: Vinathipathram of Paravoor Sri Venkata- chalapathy Devaswom addressed to 2nd plaintiff.

Ex.A-49:9.1.2002: Rayasapathram of 2nd plaintiff to Paravoor Tens.

Ex.A-50:13.4.2002: Rayasapathram of 2nd plaintiff to Paravoor Tens.

Ex.A-51:4.11.1994: Proclamation of 1st defendant addressed to N. Paravoor Tens.

Ex.A-52:23.12.1995: Vinanthipathram of Sri Venkata -chalapathy Dewasyam N. Paravoor addressed to 2nd plaintiff.

Ex.A-53:27.8.1995: Vinathipathram of Sri Venkatachalapathy Devaswom N. Paravoor addressed to 2nd plaintiff.

Ex.A-54:15.10.1995: Rayasapathram of 2nd plaintiff addressed to Tens of Paravoor.

Ex.A-55:28.3.1998: Rayasapathram of 2nd plaintiff addressed to Tens of N. Paravoor.

Ex.A-56:6.10.1995: Camp list of 2nd plaintiff

Ex.A-57:13.8.1960: Letter written by 1st defendant to P.W.4

Ex.A-58: Translation of A-57

Ex.A-59:9.9.1960: Letter written by 1st defendant to P.W.4

Ex.A-60: Translation of A-59

Ex.A-61:23.2.1962: Letter written by 1st defendant to P.W.4

Ex.A-62: Translation of A-61

Ex.A-63:7.7.1962: Letter written by 1st defendant to P.W.4

Ex.A-64: Translation of A-63

Ex.A-65:29.7.1966: Letter written by 1st defendant to P.W.4

Ex.A-66: Translation of the above

Ex.A-67:16.8.1966: Letter written by 1st defendant to P.W.4

Ex.A-68: Translation of the above

Ex.A-69:13.7.1960: Letter written by the Manager, signed by D1 to P.W.4

Ex.A-70:15.9.1999: Tour programme of 1st defendant

Ex.A-71:20.7.1998: Letter written by 1st defendant to P.W.4

Ex.A-72: Translation of the above

Ex.A-73: Pamphlet issued in connection with Amruth Mahothsav in Mumbai.

Ex.A-74: Centenary Commemoration volume of Punyathithi/Aradhana of Srimad Bhuvanendra Thirtha Swamiji.

Ex.A-75: Souvenir released by Madras Sri Kashi Math on the occasion of 70th Birthday of Defendant-1 in 1996.

Ex.A-76: A brief Biography and pictorial album of Swami Sudhindra Thirtha of Kashi Math in the year 1998.

Ex.A-77: Guru Charithamritha written by Sri Achyuth Dass.

Ex.A-78:21.11.1994: Benediction given by 1st defendant to the book A-77

Ex.A-79: Souvenir released by Sri Venugopala Krishna Swamy Devoswam Renovation Trust.

Ex.A-80: Souvenir released on the occasion of golden jubilee of GSB Samaj, Hubli

Ex.A-81: Souvenir released on the occasion of 41st Ganeshothsava of GSB Seva Mandal, Mumbai.

Ex.A-82: Varada Venkata Prasada-souvenir of Prathishta Centenary of SLV temple, Udipi.

Ex.A-83: Souvenir of the year 1998 of Bantwal Ramanjaneya Bla Bjhajana Mandali.

Ex.A-84: Venkatavaani October 1999 issue

Ex.A-85: Book on Gowda Saraswath Samaj, Delhi.

Ex.A-86: Souvenir in celebration of 25th year of Samyuktha Saraswath Samaj, Hubli.

Ex.A-87: Souvenir rleased by Allepey Old Tirumala Temple renovation Committee.

Ex.A-88: Souvenir released on the occasion of 60th Birthday of 1st defendant.

Ex.A-89: Booklet on studies on copper plate No.8 on Kashi Math Samsthan. - do- -do- at page 19.

Ex.A-90: Souvenir released by GSB Seva Mandal, Mumbai in the year 1999.

Ex.A-91: Sevamruth-Commemorative volume released on the occasion of Amrutha Mahothsava at Mumbai in 2000.

Ex.A-92: Rayasapatram Shalivahan shaka 1832 bearing No.88 issued by Srimad Varadendra Thirtha Swamiji to the Tens of Kasaragod.

Ex.A-93:20.5.1989: Communication issued to Sri A. Narayana Bhat by 1st defendant.

Ex.A-94:26.7.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-95: Translation of the above.

Ex.A-96:30.7.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-97: Translation of the above

Ex.A-98:16.8.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-99: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-100:28.9.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-101: Translation of the above

Ex.A-102:29.8.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-103: Translation of the above.

Ex.A-104:3.10.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-105: Translation of the above

Ex.A-106:20.10.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-107: Translation of the above

Ex.A-108:2.11.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-109: Translation of the above

Ex.A-110:2.11.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-111: Translation of the above

Ex.A-112:10.11.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-113: Translation of the above

Ex.A-114:2.12.1989: Letter written by 1st defendant to 2nd plaintiff. Ex.A-115: Translation of the above

Ex.A-116:2.12.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-117: Translation of the above

Ex.A-118:15.12.1989: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-119: Translation of the above

Ex.A-120:18.12.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-121: Translation of the above

Ex.A-122:23.12.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-123: Translation of the above

Ex.A-124:25.12.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-125: Translation of the above

Ex.A-126:25.1.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-127: Translation of the above

Ex.A-128:26.3.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-129: Translation of the above

Ex.A-130:24.4.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-131: Translation of the above

Ex.A-132:16.11.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-133: Translation of the above

Ex.A-134:18.4.11991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-135: Translation of the above

Ex.A-136:14.2.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-137: Translation of the above

Ex.A-138:16.2.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-139: Translation of the above

Ex.A-140:7.3.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-141: Translation of the above

Ex.A-142:15.3.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-143: Translation of the above

Ex.A-144:1.10.19195: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-145: Translation of the above

Ex.A-146:12.9.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-147: Translation of the above

Ex.A-148:18.9.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-149: Translation of the above

Ex.A-150:8.10.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-151: Translation of the above

Ex.A-152:25.12.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-153: Translation of the above

Ex.A-154:17.1.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-155: Translation of the above

Ex.A-156:21.1.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-157: Translation of the above

Ex.A-158:16.8.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-159: Translation of the above

Ex.A-160:28.9.1992: Letter written by 1st defendant to 2nd plaintiff. Ex.A-161: Translation of the above

Ex.A-162:18.7.1993: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-163: Translation of the above

Ex.A-164:2.11.1993: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-165: Translation of the above

Ex.A-166:26.11.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-167: Translation of the above

Ex.A-168:11.5.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-169: Translation of the above

Ex.A-170:18.10.1990: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-171: Translation of the above

Ex.A-172:13.7.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-173: Translation of the above

Ex.A-174:3.6.1991: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-175: Translation of the above

Ex.A-176:22.4.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-177: Translation of the above

Ex.A-178:28.2.1992: Letter written by 1st defendant to 2nd plaintiff.

Ex.A-179: Translation of the above

Ex.A-180:10.11.1999: Original of Ex.B-36 (letter dt.10.11.1999)

Ex.A-181:9.11.1999: Copy of the Vinanathi of Sri Kashi Math guru Seva Vrinda (attached to Ex.CA.73. (Ex.B-36).

Ex.A-182:3.12.1997: Letter of Sri A.K. Nayak, executive Member Tirumala Sri Kashi Math to Executive Officer T.T.D., Tirupati.

Ex.A-183:6.3.1999: Vinathipathram, submitted to 2nd plaintiff by executive committee, Tirumala Sri Kashi Math.

Ex.A-184:2.3.1999: Letter of Sri A.K. Nayak to Manager, Tirumala Sri Kashi Math.

Ex.A-185: Venkatavaani Journal April 1999 issue

Ex.A-186: History of Sri Kashi Math Samsthan by Prof. V.A. Shenoy. Ex.A-187: Blessings pertaining to publication of 2nd edition.

Ex.A-188:16.8.1974: Printed version of Blessings pertaining to publication of 1st edition of Ex.A-187.

Ex.A-189:3.2.1942: Page 49 A of Ext.A.186 (Tamrashasana pertaining to establishment of Sri Kashi Math Samsthan.

Ex.A-190: Bangalore Chaturmasa souvenir 1993

Ex.A-191: Blessings printed in the souvenir A 190

Ex.A-192:28.9.1995: Letter from 1st defendant to 2nd plaintiff

Ex.A-193: Translation of the above as submitted by 2nd plaintiff

Ex.A-194: The sage of Shambhavi

Ex.A-195: Benediction printed in A 194

Ex.A-196: Panchaganga

Ex.A-197: Benediction printed in A 196

Ex.A-198: Avismaraniya - souvenir by S.L.V. Temple, Muniyal

Ex.A-199: Benediction printed in A 198

Ex.A-200: Happy life by Sri M.R. Pai

Ex.A-201: Hari Guru Kripa Souvenir by S.V. Temple, Mulki.

Ex.A-202: Benediction printed in A 201

Ex.A-203:16.2.2000: Letter of 1st defendant to 2nd plaintiff

Ex.A-204:4.11.1995: Letter of Surendra Nayak to 2nd plaintiff (with three enclosures)

Ex.A-205:30.10.1995: IT return for the year 1994 (Enclosure of A 204)

Ex.A-206:30.10.1999: Letter of K.V. Bhat, Mumbai to IT Authorities (Enclosure of A 204)

Ex.A-207:30.10.1999: Letter of K.V. Bhat, Mumbai to IT authorities enclosure of A 204

Ex.A-208:20.10.1999: Letter of Surendra Nayak to 2nd plaintiff (with three enclosures)

Ex.A-209: Receipt

Ex.A-210: Annexure

Ex.A-211: Receipt

Ex.A-212:31.3.2003: Balance sheet along with statements

Ex.A-213: Tour programme of 1st defendant

Ex.A-214:21.1.2002: Letter by N. Ramesh Bhat to Defendant-1

Ex.A-215: Postal acknowledgment

Ex.A-216: Translation of the letter (A 213)

Ex.A-217:6.2.2002: Acknowledgment of kanika sent to Ramesh Bhat by the Manager of D-1

Ex.A-218: Translation of the above

Ex.A-219:21.11.1983: Letter of Defendant-1

Ex.A-220: Translation of the above

Ex.A-221: Bound volume of Venkatavani

Ex.A-222: Printed Rayasapatram in page No.4 of July 89 edition

Ex.A-223: Page No.2 & 3 of the above issue

Ex.A-224:27.11.1999: Letter by Jayakumar Nayak, Cochin Tirumala Devaswom to 2nd plaintiff

Ex.A-225:24.12.1998: Letter written by Balagopal Pai, Cochin Tirumala Dewaswom to 2nd plaintiff

Ex.A-225a: Translation of the above

Ex.A-226:10.8.1990: Vinathi given by Cochin Tirumala Devaswom to 1st defendant to conduct the Chaturmasa Vritham jointly with 2nd plaintiff

Ex.A-226a: Translation of the above.

Ex.A-227:5.9.1990: Vinathi given by Cochin Tirumala Dewaswom

Ex.A-227a: Translation of the above

Ex.A-228:9.3.1995: Vinathi given by Cochin Tirumala Dewaswom

Ex.A-228a: Translation of the above

Ex.A-229:21.11.1996: Vinathi given by Cochin Tirumala Dewaswom

Ex.A-229a: Translation of the above

Ex.A-230:18.1.1997: Vinathi given by Cochin Tirumala Dewaswom

Ex.A-230a: Translation of the above

Ex.A-231:1.12.1998: Vinathi given by Cochin Tirumala Dewaswom

Ex.A-231a: Translation of the above

Ex.A-232: Venkatavaani - April 1999

Ex.A-233: Pages 11 and 12 of Venkatavaani April 1999

Ex.A-234:30.7.1999: Letter of Cochin Tirumala Devaswom to 2nd plaintiff (intimating the release of Venkatavari April 99 issue)

Ex.A-234a: Translation of the above

Ex.A-235:5.5.2000: Letter of Cochin Tirumala Devaswom addressed to 2nd plaintiff regarding 75th Amrithamahotsava of Defendant-1.

Ex.A-235a: Translation of the above

Ex.A-236:23.2.2000: Monthly statement sent to 2nd plaintiff by the CAO along with cover

Ex.A-237: Original of A-210

Ex.A-238: Enclosure of A 210

Ex.A-239: Enclosure of A-210

Ex.A-240: Enclosure of A-210

Ex.A-241:6.5.1995: Letter to 2nd plaintiff from S. Subramanya Bhat, Rameshwaram

Ex.A-242:1.8.1995: Letter of S. Surendra Nayak to 2nd plaintiff

Ex.A-243:20.11.1999: Letter of S. Surendra Nayak to 2nd plaintiff

Ex.A-244:15.11.1999: Letter of S. Surendra Nayak to Srinivas Pai, Tirumala Sri Kashi Math

Ex.A-245:24.10.1995: Schedules of the balance sheet for the year ending 31.3.1998 (38 sheets)

Ex.A-246:26.3.2002: Income Tax Assessment orders for the financial year ending 31.3.1999 (18 sheets)

Ex.A-247:1.3.1997: Format of Statement of Account sent by the Branch Maths to CAO

Ex.A-248:30.9.2000: Xerox copy of the letter of Surendra Nayak to M.V. Kini

Ex.A-249:5.9.1989: Vinanthi of Azhikal Sri Varaha Devaswom to 1st defendant Ex.A-249a: Translation of the above.

Ex.A-250:7.4.1991: Vinanthi of Azhikal Sri Varaha Devaswom to the 1st defendant

Ex.A-250a: Translation of the above.

Ex.A-251:27.9.1994: Vinanthi of Achuthdas to 1st defendant

Ex.A-251a: Translation of the above

Ex.A-252:1.11.1994: Vinanthi of Vittala Devaswom, Kayamkulam to 1st defendant.

Ex.A-252a: Translatioin of the above.

Ex.A-253:5.12.1994: Vinanthi of Sri Gopalakrishna Temple, Nayampally to 1st defendant.

Ex.A-253a: Translation of the above

Ex.A-254:17.1.1995: Letter of N. Ramesh Kumar, EO, TTD to 2nd plaintiff

Ex.A-255:24.1.1995: Vinanthi of Azhikal Sri Varaha Devaswom to 2nd plaintiff

Ex.A-256:20.2.1995: Reply of 2nd plaintiff through the Manager to Sri N. Ramesh Kumar, EO, TTD

Ex.A-257:11.9.1995: Vinanthi of Sri Siddivinayaka Seva Samithi, Bangalore to 2nd plaintiff

Ex.A-258:15.6.1996: Vinanthi of Sri Siddhivinayaka Seva Samithi, Bangalore to 2nd plaintiff

Ex.A-259:6.9.1996: Copy of the letter addressed to SVSV Fund, Karkalla by 1st defendant

Ex.A-260:9.7.1996: Vinanthi of Karnakodam Sri Venkata chalapathy Temple to 2nd plaintiff

Ex.A-260a: Translation of the above

Ex.A-261:10.8.1996: Letter of Sri Sheshagiri N. Kamath, Executive Member, Tirumala Sri Kashi Math to 2nd plaintiff

Ex.A-262:6.9.1996: Letter of Konkani Language and Cultural foundation to 2nd plaintiff

Ex.A-263:10.9.1996: Vinanthi of Sri Krishna Swamy Devaswom, Kodagallur to 2nd plaintiff

Ex.A-263a: Translation of the above

Ex.A-264:23.10.1996: Letter of Sri Seshagiri N. Kamath, Executive Member, Tirumala Sri Kashi Math to 2nd plaintiff

Ex.A-265:29.11.1996: Vinanthi of Sri Venkatramana and Hanumantha Temple Moodabidri to 2nd plaintiff

Ex.A-265a: Translation of the above

Ex.A-266:10.2.1997: Vinanthi of Old Tirumala Devaswom, Alapuzha

Ex.A-266a: Translation of the above

Ex.A-267:14.2.1997: Vinanthi of Sri Rama Devaswom, Tripunithura

Ex.A-267a: Translation of the above

Ex.A-268:19.3.1997: Vinanthi of Bangalore Sri Kashi Math

Ex.A-268a: Translation of the above

Ex.A-269:25.4.1997: Vinanthi of Ambalamedu Sri Kashi Math

Ex.A-269a: Translation of the above

Ex.A-270:3.5.1997: Vinanthi of Sri Laxmi Venkatesha souvenir Committee, Siddapur

Ex.A-270a: Translation of the above

Ex.A-271:15.6.1997: Vinanthi of Sri Laxmi Venkatramana Temple, Puttur

Ex.A-271a: Translation of the above

Ex.A-272:26.6.1997: Vinanthi of Sri Rama Devastana, Ratagiri Road

Ex.A-272a: Translation of the above

Ex.A-273:29.8.1997: Vinanthi of Madras Sri Kashi Math

Ex.A-274:30.8.1997: Vinanthi of Sri Damodara Devasthana, Ammunje

Ex.A-274a: Translation of the above

Ex.A-275:31.8.1997: Vinanthi of Sri Venkatramana Temple, Kaup

Ex.A-275a: Translation of the above

Ex.A-276:4.9.1997: Vinanthi of Sri Siddhivinayaka Seva Samithi, Bangalore

Ex.A-277:15.9.1997: Vinanthi of Sri Venkatramana Temple, Kundapura

Ex.A-277a: Translation of the above

Ex.A-278:17.9.1997: Vinanthi of Bangalore Sri Kashi Math

Ex.A-278a: Translation of the above

Ex.A-279:12.10.1997: Vinanthi of Sri Gopalakrishna Temple, Nayampally

Ex.A-279a: Translation of the above

Ex.A-280:24.10.1997: Vinanthi of Sri Venkatramana Temple Harikhandige

Ex.A-280a: Translation of the above

Ex.A-281:26.10.1997: Vinanthi given by Achuthdas to 2nd plaintiff

Ex.A-282:4.11.1997: Vinanthi given by GSB Samaj, Sagar

Ex.A-282a: Translation of the above

Ex.A-283:19.11.1997: Vinanthi given by GSB Saba, Ahmedabad

Ex.A-283a: Translation of the above

Ex.A-284:20.11.1997: Vinanthi of A.K.Nayak, Ex.Member, Tirumala Sri Kashi Math

Ex.A-284a: Translation of the above

Ex.A-285:28.11.1997: Vinanthi of GSB Sabha, Baroda

Ex.A-286:25.12.1997: Vinanthi of GSB Samaj, Hubli

Ex.A-287:11.1.1998: Vinanthi by the Tens of Shirva Manchakal

Ex.A-287a: Translation of the above

Ex.A-288:16.1.1998: Vinanthi of C.U. Kamath, Delhi enclosing a letter of Kamalaksha Rao, Kasaragod

Ex.A-289:15.2.1998: Vinanthi of Tirumala Devaswom, Kollam

Ex.A-289a: Translation of the above

Ex.A-290:27.2.1998: Vinanthi of Sri Kashi Math, Ambalamedu

Ex.A-291:30.1.1998: Vinanthi of Sri Gopalakrishna Temple, Nayampalli

Ex.A-291a: Translation of the above

Ex.A-292:3.2.1998: Vinanthi of Sri Venkatramana Temple, Rayarpet, Sirsi

Ex.A-292a: Translation of the above

Ex.A-293:14.2.1998: Vinanthi of GSS Samaj, Bangalore

Ex.A-294:24.2.1998: Vinanthi of Kota Varuna Theertha Brahmana Seva Sanga, Kota

Ex.A-294a: Translation of the above

Ex.A-295:3.3.1998: Vinanthi of GSB Samaj and Sri Rama Mandir, Ujire

Ex.A-295a: Translation of the above

Ex.A-296:21.3.1998: Vinanthi of K.K.Pai, Administrative Committee, MJT, Manipal.

Ex.A-296a: Translation of the above

Ex.A-297: Report of N. Gopalakrishna Kamath, Bhagamandal

Ex.A-298:26.5.1998: Letter of corporation Bank, Hadinbal, Hannavar

Ex.A-299:28.5.1998: Vinanthi of Sri Venkatramana Temple, Kundapur

Ex.A-299a: Translation of the above

Ex.A-300:17.7.1998: Patram of Srimad Satchidananda Saraswathi, Kavle Math, Camp, Mangalore

Ex.A-300a: Translation of the above

Ex.A-301:5.8.1998: Vinanthi of Sri V.V.Pai, GSB Sabha Medical Trust, Mumbai

Ex.A-302:8.8.1994: Vinanthi of Madras Sri Kashi Math

Ex.A-303:12.8.1998: Vinanthi of GSB Mahasabha, Purakkad along with enclosure

Ex.A-303a: Enclosures of the above (Vinanti of Dinesh Bhat)

Ex.A-304:17.8.1998: Vinanthi of Sri Tirumala Venkataramana Temple, Bantwal

Ex.A-304a: Translation of the above

Ex.A-305:23.8.1998: Vinanthi of Sri Tirumala Venkatesh Sevak Samaj, Alapuzha

Ex.A-305a: Translation of the above

Ex.A-306:27.5.1998: Vinanthi of Sri Venkatachalapathy Devaswom, Karnakodam enclosing copy of the judgment

Ex.A-306a: Translation of the above

Ex.A-307:27.8.1998: Vinanthi of Sri Venkatramana Temple Trust, Someshwara

Ex.A-307a: Translation of the above

Ex.A-308: Vinanthi of Sri Venkatramana Temple Trust, Someshwar

Ex.A-308a: Translation of the above

Ex.A-309:27.8.1998: Vinanthi of Sri Venkatachalapathy Devaswom, N. Paravur

Ex.A-309a: Translation of the above

Ex.A-310:1.9.1998: Vinanthi of Sri Bhuvanendra Co-op. Housing Society, Mumbai

Ex.A-311:3.9.1998: Vinanthi of Sri Laxmi Venkatramana Temple, Puttur

Ex.A-311a: Translation of the above

Ex.A-312:5.9.1998: Vinanthi of A.K. Nayak, Executive Member, Tirumala Sri Kashi Math to 1st defendant

Ex.A-313:10.9.1998: Vinanthi of Sri P.D. Pai, Sri Siddhivinayaka Seva Samithi, Bangalore

Ex.A-314:2.10.1998: Vinanthi of Chaturmasa Samithi, Sri Venkatramana Temple, Mangalore

Ex.A-315:5.10.1998: Vinanthi of Sri Devaki Krishna Ravalnath Devasthana, Karkala

Ex.A-315a: Translation of the above

Ex.A-316:7.10.1998: Vinanthi of Sri Rama Temple, Chickmagalur

Ex.A-316a: Translation of the above

Ex.A-317:8.10.1998: Vinanthi of GSB Seva Mandal, Mumbai

Ex.A-318:12.10.1998: Vinanthi of GSB Sabha, Guruvayankee, Belthangady

Ex.A-319:16.10.1998: Vinanthi of Sri Devaki Krishna Ravalnath Temple, Karkala

Ex.A-320:18.10.1998: Vinanthi of GSB Seva Mandal, Mumbai

Ex.A-321:18.10.1998: Vinanthi of GSB Seva Mandal, Mumbai

Ex.A-322:25.10.1998: Vinanhi of GSB Seva Samithi, Bajpe, Mangalore

Ex.A-323:6.11.1998: Vinanthi of GSB Sabha, KCGH, Mumbai

Ex.A-324: Vinanthi of Kumbaghisheka Samithi, Kota Kashi Math Ex.A-325:15.1.1999: Vinanthi of Trivandrum GSB

Ex.A-326:21.1.1999: Vinanthi of GSB Seva Samithi, Bajpe

Ex.A-327:6.3.1999: Vinanthi of Sri A.K. Nayak, Executive Member, Tirumala Sri Kashi Math, Tirumala

Ex.A-328:16.3.1999: Vinanthi of Tirumala Devaswom, Kollam

Ex.A-328a: Translation of the above

Ex.A-329:17.3.1999: Vinanthi of Ambalamedu Sri Kashi Math

Ex.A-329a: Translation of the above

Ex.A-330:25.3.1999: Vinanthi of GSB Samaj, New Delhi

Ex.A-331:25.3.1999: Vinanthi of Sri Krishna Swamy Devaswom, Kodangallur

Ex.A-331a: Translation of the above

Ex.A-332:29.3.1999: Vinanthi of Sri Venkatachalapathy Devaswom, Tirumala, Alapuzha

Ex.A-332a: Translation of the above

Ex.A-333:5.4.1999: Vinanthi of All India Saraswath Cultural Organisation

Ex.A-334:5.4.1999: Vinanthi of Sri K. Pathapsimha, Belthangady along with Kanika

Ex.A-334a: Translation of the above

Ex.A-335:11.4.1999: Vinanthi of GSB Mahajan, Kannanore

Ex.A-336:17.4.1999: Vinanthi of Sri Laxmi Narasimha Temple, Tellicherry

Ex.A-337:18.4.1999: Vinanthi of Azhikal Sri Varaha Devaswom, Cherai.

Ex.A-337a: Translation of the above

Ex.A-338:23.4.1999: Vinanthi of Matathu Tirumala Devaswom Shertala

Ex.A-338a: Translation of the above

Ex.A-339:30.4.1999: Vinanthi of Sri Venkatramana Temple, Kundkur

Ex.A-339a: Translation of the above

Ex.A-340:30.4.1999: Vinanthi of GSB Seva Samithi, Kumbla

Ex.A-340a: Translation of the above

Ex.A-341:6.5.1999: Vinanthi of Madras Sri Kashi Math

Ex.A-342:10.5.1999: Camp details forwarded to 2nd plaintiff from Madras Sri Kashi Math

Ex.A-343:17.5.1999: Copy of the letter sent to Sri G.G. Prabhu by Sri R.N. Pai

Ex.A-344:15.6.1999: Vinanthi of GSB Vaidika Vrinda, Mumbai

Ex.A-345:29.7.1999: Vinanthi of Sri Venkatramana Temple, Kundapur

Ex.A-345a: Translation of the above

Ex.A-346:4.8.1999: Vinanthi of Gowda Saraswath Samaj, New Delhi

Ex.A-347:12.8.1999: Vinanthi of SGS Sabha Silver Jubilee Committee, Calicut

Ex.A-348:20.8.1999: Vinanthi of Gowda Saraswath Students Organisation, Cochin.

Ex.A-349:28.8.1999: Vinanthi of Sri Venkatramana Temple, Cannanore

Ex.A-350:2.9.1999: Vinanthi of Sri Venkatraman Temple, Someshwar

Ex.A-350a: Translation of the above

Ex.A-351:25.9.1999: Vinanthi of Sri Mahalasa Narayani Temple, Shirva.

Ex.A-351a: Translation of the above

Ex.A-352:16.9.1999: Vinanthi of Bangalore Sri Kashi Math

Ex.A-353:21.10.1999: Vinanthi of Nayampalli Sri Kashi Math

Ex.A-353a: Translation of the above

Ex.A-354:20.11.1999: Vinanthi of Sri Venkatramana Temple, Kundapur

Ex.A-354a: Translation of the above

Ex.A-355:26.11.1999: Vinanthi of GSB Seva Mandal, Mangalore

Ex.A-355a: Translation of the above

Ex.A-356:29.11.1999: Vinanthi of Sri Venkatachalapathy Devaswom, Alapuzha

Ex.A-356a: Translation of the above

Ex.A-357:8.12.1999: Vinanthi of Sri Venkatramana Temple, Kundpur

Ex.A-357a: Translation of the above

Ex.A-358:12.12.1999: Vinanthi of Sri Venkatachalapathy Devaswom, Alapuzha

Ex.A-358a: Translation of the above

Ex.A-359:13.12.1999: Vinanthi of Sri Rama Mandir, Baidapettu

Ex.A-359a: Translation of the above

Ex.A-360:23.12.1999: Vinanthi of Sri Kasturi Vaikunta Pai, Sri Bhuvanendra Balakashrama, Basrur

Ex.A-361:28.12.1999: Vinanthi of Nayampalli Sri Kashi Math, Nayampalli

Ex.A-361a: Translation of the above

Ex.A-362:10.1.2000: Vananthi of Khed Sri Kashi Math

Ex.A-362a: Translation of the above

Ex.A-363:11.1.2000: Vinanthi of Sri V.V. Pai, Mumbai

Ex.A-364:15.1.2000: Vinanthi of Sri Rama Devaswom, Chickmagalur

Ex.A-364A: Translation of the above

Ex.A-365:17.1.2002: Letter of Sri B.A. Acharya, Mangalore to the Manager of the Samsthan

Ex.A-366:9.2.2000: Vinanthi of Sri Krishnaswamy Devaswom, Kodangallur

Ex.A-366a: Translation of the above

Ex.A-367:10.2.2000: Vinanthi of Nayampalli Sri Kashi Math, Nayampalli

Ex.A-367a: Translation of the above

Ex.A-368:19.2.2000: Vinanthi of Sri Laxmi Venkatramana souvenir committee

Ex.A-368a: Translation of the above

Ex.A-369:20.2.2000: Vinanthi of Sri Ganapathy Shenoy, Bidar

Ex.A-370:21.2.2000: Vinanthi of Sri Annu Acharya, Mangalore

Ex.A.370a: Translation of the above

Ex.A-371:28.2.2000: Vinanthi of G.B.Shenoy and others, Hyderabad

Ex.A-372:29.2.2000: Vinanthi of Sri K. Achuth Pai, Sri Laxmi Venkatramana Temple Renovation Committee, Muniyal

Ex.A-372a: Translation of the above

Ex.A-373:5.3.2000: Vinanthi of Gowda Saraswath Brahmana Sabha, Ernakulam

Ex.A-373a: Translation of the above

Ex.A-374:6.3.2000: Letter of Sri B.A.Acharya, sent to our Manager

Ex.A-375:13.5.2000: Letter of Sri B.A. Acharya sent to our Manager

Ex.A-376:16.6.2000: Vinanthi of Bangalore Sri Kashi Math

Ex.A-376a: Translation of the above

Ex.A.377:5.7.2000: Vinanthi of Mahalasa Narayam Temple, Konchady

Ex.A-377a: Translation of the above

Ex.A-378:17.8.2000: Vinanthi of Tirumala Devaswom, Kollam

Ex.A-378a: Translation of the above

Ex.A-379:8.10.2000: Vinanthi of Bhadra Narasimha Swami Temple, Ernakulam

Ex.A-379a: Translation of the above

Ex.A-380:1.12.2000: Letter of K.G. Mallya enclosing letter of Sri K.K. Pai, along with postal cover

Ex.A-381:22.1.2001: Vinanthi of Tirumala Devaswom, Ernakulam Ex.A-381a: Translation of the above

Ex.A-382:16.2.1991: Balance Certificate of Sri Raghavendra Co-Op, Society Ltd.

Ex.A-383:14.5.1992: Vinanthi of Sri V.V. Pai intimating about depositing in Raghavendra credit Co-op. Society Ltd.

Ex.A-384:31.10.1994: Master copy of the communication issued by 1st defendant

Ex.A-385:17.12.1994: Letter of Sri Kashi Math, Goa to the Manager of the Samsthan

Ex.A-386: Letter of Sri G.V. Kamath, Manager, Tirumala Sri Kashi Math

Ex.A-386a: Translation of the above

Ex.A-387:28.3.1995: Letter of Srimath Sukriteendra Theertha Swaminji Punyathithi Fund, Walkeshwa, Mumbai

Ex.A-388:3.4.1995: Letter from Manjeshwar Sri Kashi Math

Ex.A-389:6.4.1995: Letter received by the Manager of the Samsthan from Sri kashi Math, Ponda, Goa

Ex.A-390:8.4.1995: Letter received by the Manager of the Samsthan from Sri S.V. Temple, Konchady

Ex.A-391:19.4.1995: Office copy of the letter sent by the Manager of the Samsthan to Goa branch math

Ex.A-392:19.4.1995: Office copy of the letter sent by the Manager of the samsthan to Sri Bhuvanendra Prasaditha Vridhashrama

Ex.A-393:20.4.1995: Letter received from the Bhagamandal branch math.

Ex.A-394:25.4.1995: Letter received from the Bantwal Sri Kashi Math Ex.A-395:30.4.1995: Letter from Konchady Sri Kashi Math enclosing minutes of the meeting

Ex.A-396:2.5.1995: Letter from K. Panduranga Prabhu to the Manager of the Samsthan

Ex.A-397:11.5.1995: Letter from Konchady Branch Math enclosing minutes of the meeting

Ex.A-398:31.5.1995: Letter from Nayampally Sri Kashi Math

Ex.A-398a: Translation of the above

Ex.A-399:3.6.1995: O/c of letter sent to the Sr. Manager, Corporation Bank, Car Street, Mangalore

Ex.A-400:9.6.1995: Letter sent by Sri Kasturi Vaikunta Pai, correspondent of Blakashsramas

Ex.A-401:21.6.1995: Letter from Hon. Manager of Sri Srinivasa Nigamagama Patashala

Ex.A-402:8.7.1995: Report and minutes of the meeting of the committee of Sri Venkatramana temple

Ex.A-403:11.7.1995: Copy of the letter marked to 2nd plaintiff by Surendra Nayak to Dinesh Shenoy

Ex.A-404:15.7.1995: Letter from Ramananda Bhat to 2nd plaintiff

Ex.A-404a: Translation of the above

Ex.A-405:18.7.1995: Monthly statement for the month of June, 1995 of Sri Srinivasa Nigamagama Patashala

Ex.A-406:11.8.1995: Copy marked to 2nd plaintiff by 1st defendant written to Sri Kasturi Vaikunta Pai

Ex.A-407:16.8.1995: Accounts sent by S. Subramanya Bhat, Rameshwar Sri Kashi Math to 2nd plaintiff

Ex.A-408:18.9.1995: Letter from CAO to the Manager of the Samsthan Ex.A-409:4.9.1995: Letter from H.B. Bhaskar Shenoy, Madras Sri Kashi Math

Ex.A-410:24.1.1996: Letter along with A/c's from the Manager of Sri Kashi Math, Goa.

Ex.A-411:7.2.1996: Letter along with income and expenditure from Umesh Sharma, Bangalore Sri Kashi Math.

Ex.A-412:9.2.1996: O/c of the letter sent by the Manager of the Samsthan to S. Nagesh Pai, Goa

Ex.A-413:11.4.1996: Letter from Ramdas Sarvotham Mallya, Madgoa

Ex.A-414:16.4.1996: Letter of A.R. Anand of Varanasi Kashi Math

Ex.A-415:1.6.1996: Letter of A.R. Anand of Varanasi Kashi Math.

Ex.A-416:4.6.1998: Letter from A. Ramnath V. Bhat of Prayag Sri Kashi Math

Ex.A-417:2.9.1996: Letter along with A/c from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-418:24.7.1996: Letter from V. Vinod Kamath, C.A. Aluva

Ex.A-419:24.7.1996: Letter from Tirumala Sri Kashi Math requesting for Chaturmasa

Ex.A-420:26.8.1996: Letter from V. Vinod Kamath, Kuladevatha Mandir Administrative committee

Ex.A-421:1.10.1996: Letter from A.R. Ananda, Varanasi Sri kashi Math

Ex.A-422:30.10.1996: O/c of letter sent to Subramanya Bhat, Rameshwar Sri Kashi Math

Ex.A-422a: Translation of the above

Ex.A-423:6.12.1996: Letter from Sri Subramanya Bhat, Rameshwar Sri Kashi Math

Ex.A-424:8.12.1996: Letter from Sri Subramanya Bhat, Rameshwar Sri Kashi Math

Ex.A-425:8.11.1996: Letter from S.M.,Pai, Sri Kashi Math Publications (Madras)

Ex.A-426:01.1.1997: Letter from A.R. Ananda, Varanasi Sri Kashi Math

Ex.A-427:8.1.1997: from Surendra Nayak and Dinesh Shenoy, Udupi.

Ex.A-428:1.2.1997: Letter from A.R. Ananda, Varanasi Sri Kashi Math

Ex.A-429:14.2.1997: Vinanthi from Nayampalli Sri Kashi Math

Ex.A-430:15.2.1997: Letter from P.D. Shenoy, Bangalore

Ex.A-431:4.3.1997: Letter from A.R. Anand, Varanasi Sri Mashi Math

Ex.A-432:14.3.1997: Letter from G.V. Kamath, Prayag Sri Kashi Math

Ex.A-433:1.4.1997: Letter from U.B.Baliga, Madras with enclosures

Ex.A-434:2.4.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-435:4.5.1997: Letter from the Manager, Canara Bank, Ayyappankavu

Ex.A-436:21.4.1997: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-437:25.5.1997: Letter from G.V. Kamath, Prayag Sri Kashi Math

Ex.A-438:3.6.1997: Letter from Kota Sri Kashi Math

Ex.A-438a: Translation of the above

Ex.A-439:17.7.1997: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-440:24.7.1997: Letter from U.V. Sharma, Bangalore Sri Kashi Math

Ex.A-441:19.8.1997: Letter from A. Premananda Rao, CAO, Mangalore Ex.A-442:1.4.1996: Statement of A/c of Bhuvanendra to Balakashram, Basrur

31.3.1997

Ex.A-443:2.9.1997: Letter from A.R. Ananda, Varanasi Sri Kashi Math

Ex.A-444:3.10.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-445:10.10.1997: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-446:11.10.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-447:13.10.1997: Letter from Sri Balakrishna Swamy Devaswom, Kuzhupilly

Ex.A-448: Financial statement for the year ending 31.3.1997 of Kuladevatha Mandir Complex, Ambalamedu

Ex.A-449:27.10.1997: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-450:30.10.1997: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-451:11.12.1997: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-452:16.1.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-453:24.7.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-454:9.5.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-455:10.6.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-456:17.8.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-457:22.8.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-458:12.9.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-459:16.9.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-460:5.10.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-461:26.10.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-462:16.1.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-463:12.1.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-464:16.2.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-465:13.3.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-466:12.4.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-467:21.6.1999: Letter from A. Premananda Rao, CAO, Mangalore Ex.A-468:11.10.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-469:23.11.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-470:27.11.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-471:20.12.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-472:27.12.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-473:21.3.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-474:21.1.2000: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-475:16.2.1998: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-476:16.8.1999: Letter from A. Premananda Rao, CAO, Mangalore

Ex.A-477:3.11.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-478:1.12.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-479:10.5.1998: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-480:2.7.1999: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-481:1.8.1999: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-482:1.9.1999: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-483:3.9.1999: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-484:1.11.1999: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-485:2.12.1999: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-486:9.3.2000: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-487:8.4.2000: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-488:3.5.2000: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-489:25.5.2000: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-490:3.6.2000: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-491:1.7.2000: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-492:6.11.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-493:6.11.1997: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-494:19.1.1998: Letter from A.R. Anand, Varanasi Sri Kashi Math

Ex.A-495:30.9.1999: Letter from Vinod Kamath, C.A. Pallipuram Kashi Math

Ex.A-496:3.12.1997: Letter from Subramanya Bhat, Rameshwar Kashi Math

Ex.A-497:24.2.1998: Letter from Subramanya Bhat, Rameshwar Kashi Math Ex.A-498:1.4.1999: Letter from Sri Bhuvanendra Housing Co-op. Society, Mumbai

Ex.A-499:6.4.1999: Letter from Sri Bhuvanendra Housing Co-Op., Society Mumbai.

Ex.A-500:22.8.1998: Letter from Hariram Shenoy enclosing B/s of Suratkal Kashi Math for the year ending 31.3.1998

Ex.A-501:25.5.1999: Letter from Hariram Shenoy enclosing B/s of Bhagmandal Kashi Math for the year ending 31.3.1998

Ex.A-502:5.6.1999: Letter from Hariram Shenoy enclosing B/s of Suratkal Kashi Math for the year ending 31.3.1999.

Ex.A-503:2.6.2000: Letter along with counter foil depositing in A/c No.4241 sent by Sri Srinivasa Nigamagama Patashala

Ex.A-504:29.4.2000: Letter along with counter foil depositing in A/c No.4241 sent by Sri Srinivasa Nigamagama Patashala

Ex.A-505:27.3.2000: Letter along with counter foil depositing in A/c No.4241 sent by Sri Srinivasa Nigamagama Patashala

Ex.A-506:7.2.2000: Letter along with counter foil depositing in A/c No.4241 sent by Sri Srinivasa Nigamagama Patashala

Ex.A-507:3.11.1998: O/c of the letters sent by A.K. Nayak, Executive Member, Tirumala Sri Kashi Math

Ex.A-508:15.11.1998: O/c of the letters sent by A.K. Nayak, Executive Member, Tirumala Sri Kashi Math

Ex.A-509:8.3.1999: O/c of the letters sent by A.K. Nayak, Executive Member, Tirumala Sri Kashi Math

Ex.A-510:11.3.1999: O/c of the letters sent by A.K. Nayak, Executive Member, Tirumala Sri Kashi Math

Ex.A-511:23.3.1999: O/c of the letters sent by A.K. Nayak, Executive Member, Tirumala Sri Kashi Math

Ex.A-512: O/c of the letters sent by A.K. Nayak, Executive Member, Tirumala Sri Kashi Math

Ex.A-513:28.2.1999: Letter from Correspondent, Bhuvanendra Balakashsrama along with statements

Ex.A-514:31.12.1999: Letter from Correspondent, Bhuvanendra Balakashsrama along with statements

Ex.A-515:1.2.2000: Letter from Correspondent, Bhuvanendra Balakashsrama along with statements

Ex.A-516:1.6.2000: Letter from Correspondent, Bhuvanendra Balakashsrama along with statements

Ex.A-517:6.11.1997: Letter from A. Ramanath V. Bhat Prayag Sri Kashi Math

Ex.A-518:30.1.1998: Letter from Sri Sukrateendra Oriental Research Institute, Kochin enclosing report dated 1.1.1998.

Ex.A-519:2.2.1998: Letter from Mohandas Mallya, President, Nasik Sri Kashi Math

Ex.A-520:16.2.1998: Letter from S. Sachidananda Pai, Secretary, Kuladevatha Mandir Ambalamedu

Ex.A-521:28.5.1998: Letter from the Secretary, Nayampally Sri Kashi Math

Ex.A-522: B/s of Basrur and Hemmady branches sent by Kamath & Rao, Central Auditors

Ex.A-523:6.8.1998: Copy of the letter sent by the D.M. Canara Bank to A.R. Anand, Manager, Moola Math, Varanasi

Ex.A-524:10.8.1998: Letter from Sri Srinivasa Nigamagama Patashala enclosing counterfoil of deposit made in a/c.No.4241 and letter dated 1.8.98 from Srimath Anantheshwara Temple, Manjeshwara

Ex.A-525:20.3.1998: O/c of the letter sent to the Manager, Moola Math, Varanasi by the Manager of the Samsthan

Ex.A-526:26.6.1998: Letter from Sri Bhuvanendra Co-op. Housing Society

Ex.A-527:16.9.1998: Letter from Secretary, GSB Temple Association along with B/s and deliberation of General Body Meeting

Ex.A-528:18.9.1998: Letter from N. Gopalakrishna Kamath, Advocate, Virajpat

Ex.A-529:5.10.1998: Letter from R.M. Pai

Ex.A-530:26.10.1998: Letter from G.Balachandra Kamath, Balakashram, Ambalamedu

Ex.A-531:11.4.1999: Letter from Mohandas Mallya, regarding construction at Dahisar

Ex.A-532:14.7.1999: Order from TTD to move the bus in ghat road of Tirumala

Ex.A-533:2.8.1999: B/s of Kota branch for the year pending 31.3.199 sent by Samsthan Auditor Kamath & Rao

Ex.A-534:8.8.1999: Letter from the president of Kota branch along with B/s of 98-99

Ex.A-535:5.11.1999: Letter from Surendra Nayak

Ex.A-536:1.12.1999: O/c of letter sent to A. Premananda Rao, CAP by the Manager of the Samsthan

Ex.A-537:23.11.1999: Vinanthi from the president of Ambalamedu branch along with a request for camp after the Chaturmasa of 99 Ex.A-537a: Translation of the above

Ex.A-538:4.1.2000: Letter from Vinod Kamath, Jt. Secretary, Kuladevatha Mandir Ambalamedu

Ex.A-539:26.2.2000: Travel arrangements of 2nd plaintiff to Haridwar

Ex.A-540:25.2.2000: O/c of the letter sent to the Manager, Corporation Bank by the Manager of the Samsthan regarding depositing in A.C.No.12658

Ex.A-541:6.5.2000: Letter from P. Panduranga Pai, Mangalore

Ex.A-542:May, 2000: Statement from Mahalasa Narayani Temple, Konchady

Ex.A-543:June,2000: Statement from Mahalasa Narayanai Temple, Konchady

Ex.A-544:June,2000: Statement from Prayag Branch

Ex.A-545:17.6.2000: Letter from P. Dayananda Pai, respected devotee from Bangalore

Ex.A-546:31.8.2000: Letter from P. Panduranga Pai, enclosing copy of the IT, Notice dt.31.7.2000

Ex.A-547:13.9.2000: Letter from P.Panduranga Pai enclosing copy of the IT Notice

Ex.A-548:18.10.2000: Letter from P. Panduranga Pai

Ex.A-549:9.9.2002: O/c of the representation made through Ganesh Shenoy to ITO, (Exemptions-II), Mumbai

Ex.A-550: English translation of stanzas 849 to 1349 of Sri Gurucharithamrutha (Page No.1214 to 1314)

Ex.A-551: Translation of the speech of 1st defendant at Varahaswamy Temple, Cherai on 16.1.2003

Ex.A-552: English translation of the sppech of 1st defendant at Varahaswamy Temple, Cherai on 16.1.2003

Ex.A-553: Ashirvachana given by 2nd plaintiff to A.77 (Gurucharithamrutha)

Ex.A-554: Photograph of 2nd plaintiff in A.77 (Gurucharithamrutha) Ex.A-555: Photographs along with negatives of 2nd plaintiff during the Cittobha temple in Bhadragiri

Ex.B-556: Audio cassette speech of 1st defendant 2002 at Kochin (3 No's Shenoy and Challan

Ex.A-557: 2 C.D's containing speech of 1st defendant at Kochi Temple dt.16.12.2002

Ex.A-558: Paper publication

Ex.A-558(A): Translation copy for A.558

Ex.A-559: Paper publication

Ex.A-559(A): Translation copy Ex.A.559

Ex.A-560: Paper publication

Ex.A-560(A): Translation copy of Ex.A.560

Ex.A-561: Paper publication

Ex.A-561(A): Translation copy of Ex.A.561

Ex.A-562: Paper publication

Ex.A-563:3.1.2002: Letter written by P.W.11 to Tirumala Devasthanam

Ex.A-563(a): Translation copy Ex.A.563

Ex.A-564:20.1.2003: Letter of address to N.R. Butt

Ex.A-564(A): Translation copy

Ex.A-565: Books 3 in number

Documents marked on behalf of the defendants:

Ex.B-1:20.7.2000: List of members present at the special meeting

Ex.B-2:20.7.2000: Minutes of special meeting of Walkeshwar Sri Kashi Mutt.

Ex.B-3:26.8.2000: Members present for the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-4:26.8.2000: Minutes of the meeting of Walkeshwar Kashi Mutt

Ex.B-5:8.6.1996: Members present during the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-6:8.6.1996: Minutes of the meeting of Walkeshwar Kashi Mutt

Ex.B-7:14.12.1996: Members present during the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-8:14.12.1996: Minutes of the meeting of Walkeshwar Kashi Mutt

Ex.B-9:11.1.1997: Members present during the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-10:11.1.1997: Minutes of the meeting of Walkeshwar Kashi Mutt

Ex.B-11:8.3.1997: Members present during the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-12:13.3.1999: Members present during the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-13:13.3.1999: Members present during the meeting of Walkeshwar Sri Kashi Mutt

Ex.B-14: Certified copy of the judgment in O.S.94/87

Ex.B-15:28.1.2000: Invitation of S.V.V. Temple, Kasaragod

Ex.B-16:1.12.1999: Rayasapatram Sri Sudheendra Theertha Swamiji

Ex.B-17:19.10.1999: Letter of 1st defendant to GSB Samaj tens Kasaragod

Ex.B-18:22.4.1991:Invitation S.V.V. Temple, Kasaragod for the Decennial Celebration of Sanyasa Sweekar of 2nd plaintiff

Ex.B-19:12.10.1998: Invitation of S.V.V. Temple, Kasaragod

Ex.B-20:22.9.1999: Invitation of S.V.V. Temple, Kasaragod

Ex.B-21:12.3.2000: Invitation of S.V.V. Temple, Kasaragod

Ex.B-22:2.3.2001: Invitation of S.V.V. Temple, Kasaragod

Ex.B-23:3.10.1998: Invitation of S.V.V. Temple, Kasaragod for inauguration of the housing complex

Ex.B-24:11.3.2001: Prathishsta Ceremony letter addressed to the President and Mahajan of S.V.V. Temple, Kasaragod from defendant No.1

Ex.B-25:22.2.1999: Invitation of S.V.V. Temple, Kasaragod

Ex.B-26:23.7.1989: Rayasapathram issued by 1st defendant giving the report of activities including the Shishya Sweekar ceremony held at Varanasi

Ex.B-26a: Translation of B-26

Ex.B-27:4.11.1994: Printed circular of 1st defendant informing entrustment of certain activities to 2nd plaintiff

Ex.B-28:20.11.1994: O/c of letter issued by 1st defendant authorizing to operate the S.B. Accounts

a) Manager, Canara Bank, Girigaum Branch, Mumbai to operate account No.6343 b) Manager, Corporation Bank, Mangalore, to operate account Nos.4241, 3217, 5159 c) Manager, Corporation Bank, Allahabad, to operate Account No.877 d) Manager, Syndicate Bank, Varanasi, to operate account No.4444 e) Manager, Lord Krishna Bank, Ernakulam, to operate Account No.000070 & 00037

Ex.B-29:23.11.1999: Authorization by 1st defendant in favour of Mr.K.V.Bhat, Chartered Accountant, Mumbai

Ex.B-30:1.6.2001: Letter by Sri K.V. Bhat, Mumbai, enclosing 3 certified copies of application for exemption under IT Act

a) Form 56 dated 11.12.1994

b) Form 56 dated 2.9.1995

c) Form 56 dated 29.1.1997

Ex.B-31:14.6.1999: Letter of the G.S.B. Temple Association (r) Mangalore enclosing herewith copy of the minutes of the meeting held at Kundapura Temple in connection with the collective Vijnapana Patram dated 5.5.1999 signed by 112 persons

Ex.B-32:31.10.1999: O/c of letter sent to 2nd plaintiff (Malayalam) instructing 2nd plaintiff to continue tour programmes as per the custom and tradition of Sri Samsthan

Ex.B-33: English translation of B-32

Ex.B-34:4.11.1999: Letter by 2nd plaintiff (Malayalam) stating that he has firmly decided not to take part in the Adikarika Vishayas of the Shree Samsthan and Dharmic Vishsyas of Samaj and also praying to be relieve him as early as possible

Ex.B-35: English translation of B-34

Ex.B-36:10.11.1999: O/c of letter sent to 2nd plaintiff (Malayalam) asking the 2nd plaintiff to meet in person at Tirupati during November 28th to December 3rd

Ex.B-37: English translation of B-36

Ex.B-38:11.11.1999: Reply of 2nd plaintiff (Malayalam) expressing that he has technical hurdles to meet 1st defendant

Ex.B-39: English translation of B-38

Ex.B-40:1.12.1999: Rayasapatram issued by 1st defendant informing the Shishya Varga that the request by 2nd plaintiff to be relieved is under consideration for appropriate decision

Ex.B-41:29.6.2000: Letter from Peishkar of TTD Temple, Tirumala enclosing therewith copy of the proclamation dated 19.7.2000

Ex.B-42:20.7.2000: O/c of the reply to peishkar of TTD Temple, Tirumala enclosing therewith copy of the proclamation dated 19.7.2000

Ex.B-43:12.7.2000: Memorandum submitted by Bangalore disciples reporting about the untoward incident that occurred on 8.1.2000 and about other acts of impropriety committed by 2nd plaintiff

Ex.B-44:15.7.2000: Letter from Sri Gurudas Shenoi, CA, reporting about his visit to Tirumala Sri Kasi Math for audit purpose

Ex.B-45:19.7.2000: Proclamation of 1st defendant in acceptance of resignation of 2nd plaintiff and relieving

Ex.B-46:20.7.2000: O/c of letter to the Banker's cancelling the authorization given to 2nd plaintiff

a) Lord Krishna Bank, Broadway, Ernakulam

b) Canara Bank, Girgaun Branch, Mumbai

c) Corporation Bank, Cars street, Bangalore

d) Corporation Bank, Allahabad

e) Syndicate Bank, Varanasi

Ex.B-47:30.10.1995: C/c of acknowledgment under I.T. Act confirming the return of income for the year ending

a) 31.3.1995 (dt.30.10.1995)

b) 31.3.1996 (dt.31.10.1996)

c) 31.3.1997:dt.29.10.1997)

d) 31.3.1998 (dt.2.11.1998)

e) 31.3.1999 (dt.30.12.1999)

f) 31.3.2000 (dt.30.3.2002)

Ex.B-48:5.12.1996: C/c of intimation of Income Tax Department to 1st defendant

a) For assessment year 96-97 dt.5.12.1996

b) For assessment year 97-98 dt.18.11.1997

Ex.B-49:16.12.1999: Notice of demand for assessment year 1998-99 issued by I.T. Department to the 1st defendant

Ex.B-50:28.10.1999: C/c on intimation u/s.143

Ex.B-51:16.12.1999: Order of Income Tax Department u/s143

Ex.B-52:10.1.2000: C/c of the Photostat of the Income Tax refund order for the Assessment year 1998-99

Ex.B-53:16.8.1999: O/c of the lawyers notice caused to be issued by the 1st defendant to the Tahsildar of Mangalore and postal acknowledgement

Ex.B-54: Tour programme of 1st defendant

a) From 11.1.97 to 21.1.97 (dt.11.1.1997)

b) From 19.3.99 to 25.7.99 (dt.27.2.1999)

c) From 24.10.99 to 27.4.2000 (dt.15.9.1999)

Ex.B-55:31.5.1999: C/c of sale deed No.669/1999-2000 for sale of Muli Right in respect of immovable property at Mangalore by 1st defendant through GPA

Ex.B-56:1.1.1996: O/c of the order by 1st defendant reconstituting the Nayampalli Sri Kashi Math committee

Ex.B-57:11.8.1995: O/c of order by 1st defendant for co-opting a member in the Board of Management of Balakashram

Ex.B-58:24.11.1995: O/c of appointment of correspondent of Sri Sukratheendra Balakashram

Ex.B-59:18.1.1996: Pathram by Nayampalli Temple acknowledging the order of reconstitution of Vyavasthapak Samithi

Ex.B-60: English translation of the above (B-59)

Ex.B-61:22.7.1996: O/c of the order reconstituting the committee of management of Khed Sri Kashi Math

Ex.B-62:20.2.1997: O/c of the order reconstituting the administrative committee, Kuladevatha Mandirs, Ambalmedu

Ex.B-63:5.2.1997: Letter from Dr.P.D. Shenoy, I.A.S. praying to be relieved from the Presidentship of Bangalore Sri kashi Math

Ex.B-64:23.3.1997: O/c of the order relieving Sri P.D. Shenoy, I.A.S. as President of Bangalore Sri Kashi Math

Ex.B-65:23.3.1997: O/c of the order appointing Sri P.V. Shenoy, IAS as president of Bangalore Sri Kashi Math

Ex.B-66:9.4.1997: Letter by Sri P.V. Shenoy IAS accepting the Presidentship of Bangalore Sri Kashi Math

Ex.B-67:10.6.1997: O/c of the order of reconstituting management committee of Karkala Sri Kashi Math

Ex.B-68:1.1.1998: O/c of the letter by 1st defendant authorizing 2nd plaintiff to reconstitute the management committee of Madras Sri Kashi Math

Ex.B-69:29.6.1998: Letter by 2nd plaintiff praying for permission to reconstitute Bangalore Kashi Math, Vyavasthapak Samithi and office endorsement of the reply of 1st defendant (on the back side)

Ex.B-70:13.8.1998: Letter by Sri U.N. Baliga addressed to 1st defendant acknowledging receipt of Rayasa Pathram of 10.8.1998 issued by 1st defendant regarding Madras Sri Kashi Math with two enclosures

Ex.B-71:21.9.1998: O/c of the order to Board of Management of Madras Sri Kashi Math for constructing a compound wall

Ex.B-72:2.11.1999: Letter from G.S.B. Samaj, Bhatkal seeking permission regarding certain repairs

Ex.B-73: English translation of B-72

Ex.B-74:11.6.1998: O/c of the religious dirction given to the Board of Management of Sri Venkataramana Temple, Mangalore in the matter of Asthamangala Prashna

Ex.B-75:13.8.1998: O/c of the religious direction given to the Board of Management of Sri Venkataramana Temple, Mangalore in the matter of parihara

Ex.B-76:19.10.1999: O/c of the Rayasapathram by 1st defendant addressed GSB Samaj, Mangalore

Ex.B-77:14.2.1996: Pathram by his Holiness Srimad Sachidananda Saraswathi Swamiji, Matadhipathi of Sri Kavalem Math, Goa addressed to 1st defendant

Ex.B-78: English transalation of B.77

Ex.B-79:8.3.1999: Pathram by his Holiness Srimad Sachidananda Saraswathi Swamiji, Matadhipathi of Sri Kavalem Math, Goa addressed to 1st defendant

Ex.B-80: English translation of B-79

Ex.B-81:28.9.1995: Vinanthi Pathram from Bangalore Sri Kashi Math Vyavasthapak Samithi

Ex.B-82: English translation of B-81

Ex.B-83:26.10.1995: Letter from the administrator of Bantwal Sri Kashi Math seeking permission for renovation

Ex.B-84: English translation of B-83

Ex.B-85:6.1.1997: Vinanthipathram from S.V.S.V. Fund (r) Karkala with enclosures

Ex.B-86: English translation of B-85

Ex.B-87:1.6.1996: Vinanthi by Bangalore Sri Kashi Math Vyavasthapak Samithi

Ex.B-88: English translation of B-87

Ex.B-89:20.4.1997: Report from Naravi Sri Kashi Math with meeting proceedings

Ex.B-90: Translation of B-89

Ex.B-91:30.5.1997: Vinanthi by B.Ganapathi Pai regarding reconstitution of Karkala Vyavasthapak Samithi

Ex.B-92: Translation of B-91

Ex.B-93:25.8.1997: Vinanthi from Nayampalli Sri Kashi Math seeking certain permission

Ex.B-94: Translation of B-93

Ex.B-95:20.10.1998: Vinanthi from Sri Tirumala Venkataramana Temple Bantwal

Ex.B-96: Translation of B-95

Ex.B-97:21.10.1998: Vinanthi from GSB Tens of Koteshwar

Ex.B-98: Translation of B-97

Ex.B-99:28.11.1998: Vinanthi of S.V. Temple, Kumdapur

Ex.B-100: Translation of B-99

Ex.B-101: Vinanthi from GSB Tens of Kota

Ex.B-102: English translation of B-101

Ex.B-103:29.11.1998: Vinanthi from Chempi Temple

Ex.B-104: English translation of B-103

Ex.B-105:6.12.1998: Vinanthi of S.L.V. Temple, Puttur

Ex.B-106: English translation of B-105

Ex.B-107:8.12.1998: Vinanthi of S.L.V. Temple, Udupi

Ex.B-108: English translation of B-107

Ex.B-109:13.12.1998: Vinanthi of Sri Venkatramana Temple, Mulki

Ex.B-110: English translation of B-109

Ex.B-111:3.1.1999: Vinanthi from GSB Tens of Basrur

Ex.B-112: English translation of B-111

Ex.B-113:15.1.1999: Vinanthi from Shree Pete Vinayaka @ Sri Mahaganapathy Mahamaya Temple, Shirali

Ex.B-114: English translation of B-113

Ex.B-115:23.1.1999: Vinanthi of S.V. Temple, Kalianpur

Ex.B-116: English translation of B-115

Ex.B-117:9.2.1999: Vinanthi of Konkani Math Venkatramana Temple, Kaup

Ex.B-118: English translation of B-117

Ex.B-119:20.5.1999: Vinanthi from Sri M.Jayanth Nay;ak enclosing therewith copy of the letter of 2nd plaintiff

Ex.B-120: English translation of B-119

Ex.B-121:24.5.1995: Pathram of Sreerama Devaswom, Tripunithura

Ex.B-122: English translation of B-121

Ex.B-123:5.9.1995: Pathram of Sreerama Devaswom, Tripunithura

Ex.B-124: English translation of B-123

Ex.B-125:18.10.1995: Pathram of Sreerama Devaswom, Tripunithura

Ex.B-126: English translation of B-125

Ex.B-127:5.9.1995: Pathram of Sreerama Devaswom, Tripunithura

Ex.B-128: English translation of B-127

Ex.B-129:18.12.1995: Pathram from Azhikal Gowda Saraswath Samaj, Vypeen, Cochin

Ex.B-130: English translation of B-129

Ex.B-131:31.8.1995: Pathram from Azhikal Gowda Saraswath Samaj, Vypeen, Cochin

Ex.B-132: English translation of B-131

Ex.B-133:4.11.1995: Pathram from Thuravoor Gowda Saraswatha Brahmana Mahajana Yoga, Thuravoor

Ex.B-134: English translation of B-133

Ex.B-135:29.12.1995: Pathram of anandapuram Thirumala Devaswom, Sri Venkatachalapathi Temple, Andikkadavu, Kannamali, Cochin

Ex.B-136: English translation of B-135

Ex.B-137:4.1.1996: Vinanthi from Sri Vittala Devaswom President, Kayamkulam

Ex.B-138: English translation of B-137

Ex.B-139:2.2.1996: Pathram from Palliport Shri Lakshminarayana Raghupathi Devaswom, Palliport

Ex.B-140: English translation of B-139

Ex.B-141:7.3.1996: Pathram from Sree Vinoba Temple Renovation Committee, Kayamkulam

Ex.B-142: English translation of B-141

Ex.B-143:7.3.1996: Pathram from Tirumala Devaswom, Palluruthy

Ex.B-144: English translation of B-143

Ex.B-145:26.9.1996: Collective Pathram from members of Thuravoor

Ex.B-146: English translation of B-145

Ex.B-147:10.8.1996: Pathram from Azikkal Varaha Devaswom, Cherai

Ex.B-148: English translation of B-147

Ex.B-149:11.8.1997: Pathram from Azikkal Varaha Devaswom, Cherai

Ex.B-150: English translation of B-149

Ex.B-151:11.9.1997: Pathram from Azikkal Varaha Deasom, Cherai

Ex.B-152: English Translation of B-151

Ex.B-153:5.2.1999: Pathram of Venkatachalapathi Devaswom, Allappuzha

Ex.B-154: English Translation of B-153

Ex.B-155:2.2.1999: Pathram from Cochin Tirumala Devaswom, Kochi

Ex.B-156: English Translation of B-155

Ex.B-157:9.2.1999: Pathram from Cochin Tirumala Devaswom, Kochi

Ex.B-158: English Translation of B-157 Ex.B-159:21.11.1999: O/c of the religious direction given to AAN Temple, Alapuza along with Vinanthi of disciples

Ex.B-160: English Translation of B-159

Ex.B-161:1.8.2002: 2 certificates from Lord Krishna Bank

Ex.B-162:22.8.2002: O/c of the letter to the Corp. Bank bankers confirming the cancellation of authorization given to 2nd plaintiff

Ex.B-162a: (b)27.8.2002 from Canara Bank, Girgaum, Mumbai

Ex.B-163:22.11.1994: Instructions issued for the proper functioning of various branches of the Samsthan

Ex.B-164: Set of certified extracts of RTC issued by competent authority under the Karnataka Land Revenue at (26 Nos.) in respect of immovable properties belonging to Sri Samsthan held in the name of 1st defendant

Ex.B-165:23.7.2000: Mathrubhumi Malayalam Daily (reported in page No.1) along with English translation

Ex.B-166:23.7.2000: Malayalam Manorama, Malayalam Daily (reported in page No.11) along with English translation

Ex.B-167:24.7.2000: Malayalam Manorama, Malayalam Daily (reported in page No.11) along with English translation

Ex.B-168:24.7.2000: New Indian Express, English Daily (in page 1)

Ex.B-169:26.7.2000: The Hindu, English Daily (reported in page 5)

Ex.B-170:20.7.2000: Mathrubhumi, Malayalam Daily (reported in page 1) along with English translation

Ex.B-171:28.7.2000: Udayavani, Kannada Daily (reported in page No.16) along with English translation

Ex.B-172:9.7.2001: Udayavani, Kannada Daily (reported in page 8 & 14) along with English translation

Ex.B-173:27.1.1990: Letter of appointment to Sri Surendra Nayak, as internal auditor of Sri Kashi Math Samsthan

Ex.B-174:15.11.1994: Letter of appointment to Sri Surendra Nayak and Sri H. Gurudas Shenoy as Joint Branch Auditors.

Ex.B-175:2.7.1996: Letter addressed by Sri Surendra Nayak along with report of discussion with 2nd plaintiff

Ex.B-176:5.12.1999: Circular by 2nd plaintiff

Ex.B-176a: Cover postal

Ex.B-177:16.7.1995: Chaturmasa Rayasapathram of 2nd plaintiff

Ex.B-178: English translation of the above

Ex.B-179:18.12.1996: Letter written by Sri M.Vimal Bhan Ex.Manager of Manjeswar Temple narrating certain events during the camp of 2nd plaintiff

Ex.B-180: English translation of B-179

Ex.B-181:1.10.1998: Letter of 2nd plaintiff to Bangalore Sri Kashi Math Vyavasthapak Samithi

Ex.B-182:4.7.1996: Acknowledgment No.390 for Rs.25,000/- issued by 2nd plaintiff towards Shashwatha Seva by Bangalore Vyavasthapak Samithi

Ex.B-183:13.10.2000: Letter by Senior Superintendent of Post Office, Mangalore with enclosure letter dated 5.10.2000 of Tirumala Kashi Math

Ex.B-183a: Enclosure of the above letter

Ex.B-184:11.12.2000: Letter from Sri A.Krishananda Nayak regarding non- performance of Shashwatha Seva

Ex.B-185:20.5.2000: Letter from Sri C.V. Kamath, Mangalore regarding Shashwatha Seva

Ex.B-186:6.6.2000: Letter from Sri B.Subraya Bhandarkar about discontinuance of Shashwatha Seva

Ex.B-187: English translation of B-186

Ex.B-188:6.5.2000: Letter of complaint from Sri P. Upendra Pai, Mangalore regarding Shashwatha Seva

Ex.B-189: Enclosure of the above letter (receipt)

Ex.B-190:28.1.2000: Letter from G.S.B. Temples Association enclosing the minutes of Manjeshwar Mahasabha

Ex.B-190a: Enclosure of the above letter

Ex.B-191:18.11.2002: C/c of the sale deed by Gowda Saraswatha Brahmana Sevagrama, Elamakkare in favour of 2nd plaintiff

Ex.B-192: Letter dated NIL written by 2nd plaintiff to 1st defendant in Malayalam language

Ex.B-193: English translation of the above

Ex.B-194:4.8.2002: Proclamation by 1st defendant pertaining to Shishya Sweekara held on 20.6.2002

Ex.B-195:14.8.1998: Original letter of 2nd plaintiff addressed to Sri Jayawantha Nayak, Karkala

Ex.B-196: English translation of the above

Ex.B-197:22.6.1995: Invitation of the Chaturmasa Vritham of 2nd plaintiff at TD Temple, Ernakulam

Ex.B-198:1996: Appeal of the Chathurmasa Vritham of 2nd plaintiff at Sri Venkataramana Temple, Mangalore

Ex.B-199:6.7.1997: Invitation of the Chathurmasa Vritham of 2nd plaintiff at Sri Venkataramana Temple, Kalianpura (Udupi Dist.)

Ex.B-200:14.2.1996: Invitation of the Sahasra Kumbhabhishekha held at Sri Venkataramana Temple, Moodabidri

Ex.B-201: English translation of the above

Ex.B-202:1996: Invitation of the camp of 1st defendant held between 28.6.1999 to 2.7.1999 at Sri Venkatramana Temple, Moodabidri

Ex.B-203: English translation of the above

Ex.B-204:14.11.1997: Invitation of the camp of 2nd plaintiff at Sri Venkatramana Temple, Puttur

Ex.B-205: English translation of the above Ex.B-206:15.11.1995: Invitation of the camp of 2nd plaintiff at Sri Venkatramana Temple, Uppinangady

Ex.B-207: English translation of the above

Ex.B-208:2000: Invitation of the camp of 1st defendant at Sri Venkatramana Temple, Kalasa (1.1.2000 to 3.1.2000)

Ex.B-209: English translation of the above

Ex.B-210:5.1.1999: Invitation of the Shatakalashabhisheka at Punjalkatte Temple performed by 2nd plaintiff

Ex.B-211: English translation of the above

Ex.B-212:8.2.1999: Printed invitation with photo pertaining to the Vyasothsava at S.V.S. Temple, Bantwal

Ex.B-213: English translation of B-210

Ex.B-214:3.3.2000: Invitation of the Amrita Mahotsava celebration of 1st defendant held on 31.3.2000 at Mangalore

Ex.B-215: English translation of B-214

Ex.B-216:1995: Correspondence relating to the reconstitution of Bantwal Sri Kashi Math consisting of

a. Patram of 1st defendant to 2nd plaintiff (dt.25.7.1995)

b. Patram of 1st defendant to B.Laxman U. Baliga (dt.20.9.1995)

c. Patram of 1st defendant to B. Vasant Venkatesh Baliga (dt.20.9.1995)

d. Order of reconstitution of Bantwal Sri Kashi Math by 1st defendant (dt.25.9.1995)

Ex.B-217:13.4.1996: Letter addressed to the Manager Lord Krishna Bank by 1st defendant

Ex.B-218:12.7.1996: Order of reconstitution of Tirumalai Sri Kashi Math committee by 1st defendant

Ex.B-219:15.4.1996: Letter addressed to the Manager, Andhra Bank, Tirumala Hills by 1st defendant

Ex.B-220:15.2.1997: Letter addressed to the Manager, Corporation Bank, Allahabad by 1st defendant

Ex.B-221:30.5.1997: Letter addressed to the Manager, Syndicate Bank, Varanasi

Ex.B-222:1.1.1998: Orders of the 1st defendant to 2nd plaintiff to reconstitute the Vyavasthapak Samithi of Bangalore Sri Kashi Math

Ex.B-223:26.5.1998: Vinanthi of the President of Khed Sri Kashi Math to 1st defendant to make certain changes in the committee

Ex.B-224:2.2.1999: Order of 1st defendant

Ex.B-225: Letter

Ex.B-226: Few of the vinanthis received by 1st defendant offering devotions and acknowledgment of Proclamation dated 19.7.2000

a. Sri Walkeshwar Kashi Math dt.19.7.2000

b. Karkala Sri Kashi Math dt.11.8.2000

c. SLV Temple, Udupi, dt.12.8.2000

d. Sri Kaliya Mardhana Krishna Devaru Temple, Mangalore dt.14.8.2000

e. Sri Venkatramana Temple of Shree Kashi Math, Konchady dt.15.8.2000

f. Sri Venkatramana temple, Mangalore dt.16.8.2000

g. GSB Temples Association, Mangalore 17.8.2000

h. Sri Gopalakrishna Devaru Trust, Punjalkatte 17.8.2000

i. Nayampalli Sri Kashi Math Development Committee-20.8.2000

j. Devaki Krishna Ravalmath Devasthan Committee-21.8.2000

k. Sri Laxmi Venkatramana Temple, Puttur, 23.8.2000

l. Sri Venkatramana Temple, Kundapur, 30.8.2000

m. Sri Veeravittala Venkatramana Swamy Temple, Panemangalore, 30.8.2000

n. Shree Laxmi Venkatramana Temple, Brahmavar, 1.9.2000

o. Kudtheri Mahamaya Temple, Mangalore, 2.10.2000

p. Sri Venkatramana Temple, Someswar, 13.9.2000

q. Sri Venkatramana Swamy Temple, Kalasa, 14.9.2000

Ex.B-227:26.8.2000: Vinanthi of U.N.Baliga to 1st defendant

Ex.B-228:10.10.1999: Reply of 1st defendant

Ex.B-229: Enclosure of B-228

Ex.B-230:14.10.1999: Rayasam of reconstituting the Board of Management of Sri Ram Mandir at Mysore

Ex.B-231:21.12.1999: Vinanthi of A. Premananda Rao, CAO, Mangalore addressed to 1st defendant

Ex.B-232: Enclosure to B-231

Ex.B-233: Enclosure to B-232

Ex.B-234:22.2.2000: Vinanthi of Shri Walkeswar Kashi Math

Ex.B-235:30.3.2000: Vinanthi from A. Premananda Rao, CAO, Mangalore addressed to 1st defendant

Ex.B-236:14.7.2000: Vinanthi from Shri Nasik Kashi Math

Ex.B-237:27.7.2000: Orders of reconstitution of Bangalore Sri Kashi Math Vyavasthapak Samithi by 1st defendant

Ex.B-238:7.10.2000: Vinanthi from Bangalore Sri Kashi Math Vyavasthapak Samithi along with enclosure

Ex.B-239}

Ex.B-240}1.3.2001: Vinanthi from Chempi Damodar Narasimha Pai along with enclosure addressed to 1st defendant

Ex.B-241:5.3.2000: Letter in Kannada

Ex.B-241-a:18.2.2000: Letter in Kannada

Ex.B-241-b:26.1.2000: Letter in Kannada

Ex.B-241-c: Translated copy of Ex.B-240

Ex.B-241-d: Translated copy of Ex.B-241-b

Ex.B-241e: Translated copy of Ex.B-241-a

Ex.B-241-f: Translated copy of Ex.B-241

Ex.B-242: Nolition GPA

Ex.B-243: Letter

Ex.B-244: Letter dt.28.9.2008

Ex.B-245:28.4.1999: Tour programme of 2nd plaintiff (from Vasanthamasa of 1999 to Chaturmasa of 1999)

Ex.B-246:31.10.1994: Rayasapatram of 1st defendant for the Vasanthamasa of the 2nd plaintiff for the year 95

Ex.B-247:6.3.1999: Vinanthi of Tirumala Sri Kashi Math to 2nd plaintiff for the Chaturmasa of 1999 (original is A-327)

Ex.B-247a: Endorsement on B-247

Ex.B-248:20.4.1999: Rayasapatram of 2nd plaintiff for the Chaturmasa of the year 1999

Ex.B-249: Invitation of the year 1999 Chaturmasa vritham of 2nd plaintiff

Ex.B-250: Invitation of the 2000 Chaturmasa vritham of 2nd plaintiff

Ex.B-251: Translation of A-193 (as filed in I.A.1072 by 2nd plaintiff)

Ex.B-252:24.10.1994: Rayasapatram issued by 1st defendant for the camp of 2nd plaintiff at Udupi

Ex.B-253:26.10.1994: Rayasapatram issued by 1st defendant for the camp of 2nd plaintiff at Panemangalore

Ex.B-254:22.4.1995: Rayasapatram of 2nd plaintiff to Bangalore

Ex.B-255:19.10.1995: Rayasapatram of 2nd plaintiff to Udupi

Ex.B-256:8.4.1996: Rayasapatram of 2nd plaintiff to Bangalore

Ex.B-257:12.2.1996: Letter issued by the Manager of the Samsthan intimating correction in CB 11 (B 255)

Ex.B-258: Translation of A-193 filed by 2nd plaintiff

Ex.B-259: List of persons present during the cross-examination of Defendant-1 at Bangalore

Ex.B-260:3.2.2002: C/c of the letter of authority given by 2nd plaintiff to be present during the inventory

Ex.B-261:28.12.1994: Daily statement of Account

Ex.B-262:16.1.1995: Daily statement of Account

Ex.B-263:16.1.1995: Daily statement of Account

Ex.B-264:17.11.2000: Letter of S.S.Kamath, Auditor to 2nd plaintiff

Ex.B-265:15.9.2000: Letter of the Manager of the Samsthan to S.S. Kamath

Ex.B-266:8.10.2000: Letter of the Manager of the Samsthan to S.S. Kamath

Ex.B-267:26.10.2000: Letter of the Manager of the Samsthan to S.S.Kamath

Ex.B-268:3.2.2001: Reply to the letter dt.17.11.2000 of S.S. Kamath sent through Ganesh Shenoy

Ex.B-269: Lottery ticket - Yugadi Sowbhagyada

Ex.B-270: Lottery ticket - Yugadi Sowbhagyada

Ex.B-271:28.9.2004: Certified copy of sale deed No.6733 from Edapally SRO

Ex.B-272:1.8.2000: Circular issued by 1st defendant canceling the circular dated 31.10.1994

Ex.B-273:1.8.2000: Circular issued by 1st defendant canceling 31.10.1994 (C/c of Ex.P-17 in I.A.1072/2000)

Ex.B-274:4.2.2005: C/c of sale deed No.793/05 from Edapally SRO Ex.B-275:4.2.2005: C/c of sale deed No.794/05 from Edapally SRO

Ex.B-276:3.12.2004: C/c of sale deed No.8321/04 from Edapally SRO

Ex.B-277:30.3.2005: C/c of sale deed No.3624/05 from Edapally SRO

Ex.B-278:31.3.2005: C/c of sale deed No.4547/05 from Edapally SRO

Ex.B-279:10.6.2005: C/c of sale deed No.4231/05 from Edapally SRO

Ex.B-280:25.4.2003: C/c of sale deed No.2111/05 from Edapally SRO

Ex.B-281:24.10.2005: C/c of sale deed No.3082/05 from Edapally SRO

Ex.B-282:28.4.2004: C/c of gift deed No.1964/2000 executed by Panduranga Shenoy favouring 2nd plaintiff

Ex.B-283: Pamphlet issued by Sri Sri Vyasa Prasanna Charitable Trust (r)

Ex.B-284: Pamphlet issued by Sri Sri Vyasa Prasanna Charitable Trust (r)

Ex.B-285:7.3.1998: Daily statement (CD Pai donation)

Ex.B-286: By C.D Pai Champi Padakam Rs.50,000/- in H.H.

Ex.B-287: Letter sent by 2nd plaintiff to C.D. Pai

Ex.B-288: Regd. Post cover sent by Bangalore Sri Kashi Math refused to be accepted by 2nd plaintiff

Ex.B-289: Regd. Post cover sent by G.S. Samaj, Shimoga, refused to be accepted by 2nd plaintiff

Ex.B-290:6.2.1999: Vinanthi of Tens of Bantwal to 2nd plaintiff

Ex.B-291:6.2.1999: Rayasapatram of 2nd plaintiff to the Tens of Bantwal

Ex.B-292:25.9.1996: Letter sent by the Manager of the Samsthan to S.N. Kamath, Tirumala Sri Kashi Math

Ex.B-293: Complaint of Madhav Bhat and Gopalakrishna Bhat sent to 2nd plaintiff

Ex.B-294:28.11.1996: Letter sent by Tirumala Sri Kashi Math to 2nd plaintiff

Ex.B-295:25.11.1996: Enclosure to the above letter (copy of the representation sent to Regional Joint Commissioner, Endowment by the Tirumala Sri Kashi Math)

Ex.B-296: Enclosure to the above letter (Minutes of the meeting dated 18th November, 1996 of Tirumala Sri Kashi Math)

Ex.B-297: Bound book of daily statements

Ex.B-297a:23.7.1999: Daily statement

Ex.B-297b:8.8.1999: Daily statement

Ex.B-297c:3.2.2000: Daily statement

Ex.B-298:25.8.2000: C/c of the letter sent to the ITO, Mangalore by 2nd plaintiff

Ex.B-299:16.9.2000: C/c of the letter sent to the ITO, Mangalore by 2nd plaintiff

Ex.B-300:20.9.2000: C/c of letter sent to 2nd plaintiff by the ITO, Mangalore

Ex.B-301:30.8.2000: C/c of the letter sent to 2nd plaintiff by the ITO, Mangalore

Ex.B-302:25.8.2000: C/c of the letter sent to 2nd plaintiff lby the ITO, Mysore

Ex.B-303:16.10.2000: Proceedings of the ITO, Mangalore

Ex.B-304:13.10.2000: Proceedings of the ITO, Mumbai

Ex.B-305:17.2.2000: Letter of 2nd plaintiff

Ex.B-306:17.3.2000: Letter of CAO, Mangalore to 2nd plaintiff

Ex.B-307:28.3.2000: Letter of CAO, Mangalore to 2nd plaintiff

Ex.B-308:15.10.1998: Letter of N.R. Butt

List of exhibits marked - 'X' series:

Ex.X-1: Rayasapathram dated 13.7.1990 issued by 1st defendant to Tens of Kasaragod

Ex.X-2: Rayasapathram dated 31.7.1991 issued by 1st defendant to Tens of Kasaragod

Ex.X-3: Rayasapathram dated 28.11.1991 issued by 1st defendant to Tens of Kasaragod

Ex.X-4: Rayasapathram dated 5.2.1993 issued by 1st defendant to Tens of Kasaragod

Ex.X-5: Rayasapathram dated 31.7.1991 issued by 1st defendant to Tens of Kasaragod

Ex.X-6: Rayasapathram dated 18.5.1989 issued by 1st defendant to Tens of Kasaragod

Ex.X-7: Proclamation dated 4.11.1994 issued by 1st defendant to Tens of Kasaragad

Ex.X-8: Communication dated 4.1.1996 issued by 1st defendant to Tens of Kasaragad

Ex.X-9: Rayasapathram dated 24.7.1997 issued by 2nd plaintiff to Tens of Kasaragod

Ex.X-10: Proclamation dated 2.4.2001 issued by 2nd plaintiff to Tens of Kasaragod

Ex.X-11: Invitation of Vyasostsava 1998 at Panemangalore Sri Veera Vittala Venkatramana Swamy Temple dated 15.12.1997

Ex.X-12: Album of H.H

Ex.X-13: Vinanthipathram dated 15.1.1996 from Sri Varadaraja Venkatramana Temple, Kasaragod to 2nd plaintiff

Ex.X-14: Letter dated 7.7.1985 from 1st defendant to P.W.4

Ex.X-15: Letter dated 5.7.1996 from 1st defendant to P.W.4

Ex.X-16: Letter dated 8.8.1996 from 1st defendant to P.W.4

Ex.X-17: Letter dated 13.9.1996 from 1st defendant to P.W.4

Ex.X-18: Letter dated 13.12.1996 from 1st defendant to P.W.4

Ex.X-19: Letter dated 14.3.1997 from 1st defendant to P.W.4

Ex.X-20: Letter dated 10.10.1997 from 1st defendant to P.W.4

Ex.X-21: Letter dated 22.1.1998 from 1st defendant to P.W.4

Ex.X-22: Letter dated 24.7.1994 from 1st defendant to P.W.4

Ex.X-23: Letter dated 14.3.1997 from 1st defendant to P.W.4

Ex.X-24: Letter of acknowledgement dated 7.4.1997 from 1st defendant to P.W.4

Ex.X-25: Letter of acknowledgement dated 13.5.1997 from 1st defendant to P.W.4

Ex.X-26: Letter of acknowledgement dated 13.6.1997 from 1st defendant to P.W.4

Ex.X-27: Letter of acknowledgement dated 15.7.1997 from 1st defendant to P.W.4

Ex.X-28: Letter of acknowledgement dated 18.8.1997 from 1st defendant to P.W.4

Ex.X-29: Letter of acknowledgement dated 4.12.1997 from 1st defendant to P.W.4

Ex.X-30: Letter of acknowledgement dated 8.12.1997 from 1st defendant to P.W.4

Ex.X-31: Letter of acknowledgement dated 10.3.1998 from 1st defendant to P.W.4

Ex.X-32: Letter of acknowledgement dated 23.4.1998 from 1st defendant to P.W.4

Ex.X-33: Letter of acknowledgement dated 13.5.1998 from 1st defendant to P.W.4

Ex.X-34: Letter of acknowledgement dated 12.6.1998 from 1st defendant to P.W.4

Ex.X-35: Letter of acknowledgement dated 3.7.1998 from 1st defendant to P.W.4

Ex.X-36: Letter of acknowledgement dated 12.8.1998 from 1st defendant to P.W.4

Ex.X-37: Letter of acknowledgement dated 25.9.1998 from 1st defendant to P.W.4

Ex.X-38: Letter of acknowledgement dated 17.12.1998 from 1st defendant to P.W.4

Ex.X-39: Letter of acknowledgement dated 22.1.1999 from 1st defendant to P.W.4

Ex.X-40: Letter of acknowledgement dated 10.2.1999 from 1st defendant to P.W.4

Ex.X-41: Letter of acknowledgement dated 14.7.1995 from 2nd plaintiff to P.W.4

Ex.X-42: Letter of acknowledgement dated 31.7.1997 from 2nd plaintiff to P.W.4

Ex.X-43: Letter dated 3.6.1999 from 2nd plaintiff to P.W.4

Ex.X-44: Postal cover addressed to PW from 2nd plaintiff

Ex.X-45: Proclamations issued by 1st defendant to Disciples of Kollam

Ex.X-46: Blessings given to Sri Tirumala Devaswom, Kollam

Ex.X-47: Proclamations issued by 2nd plaintiff

Ex.X-48: Vinanthipathrams submitted to 2nd plaintiff by the President of Kollam temple

Ex.X-49: Letters of the President, Tirumala Devaswom, Kollam

Ex.X-50: Authorization letter given to N.Suresh Babu (PW.5) by the President, N.K.Chandrakumar

Ex.X-51: Copy of the report of P. Arjun, Advocate, Kollam

Ex.X-52: Vinanthipathram in Malayalam language dt.8.4.95

Ex.X-52a:8.4.95: True English translation of office copy of the Vinathipatram

Ex.X-53:8.4.95: Vinathipathram in Malayalam language

Ex.X-53a:8.4.95: Translation copy of the vinathi patram submitted by president in Tirumala Devasthanam to 2nd plaintiff

Ex.X-54:30.12.95: Vinathipathram in Malayalam language

Ex.X-54a:30.12.95: Translation copy of Rayasapatram issued by the 1st defendant

Ex.X-55: Biruduvalli in Malayalam, dt.4.2.1996

Ex.X-55a:4.2.96: Translation copy of communication from 2nd plaintiff to the Malayalam of roalin

Ex.X-56:6.11.97: Birudavalli in Malayalam

Ex.X-56a:6.11.97: Translation copy of communication from 2nd plaintiff to the president of Cochin, Tirumala Devasthanam

Ex.X-57:21.7.1997: Birudavalli in Malayalam

Ex.X-57a:21.7.1997: Translation copy of communication from 2nd plaintiff to the president of Cochin in Tirumala Devasthanam

Ex.X-58:19.5.97: Birudavalli in Malayalam

Ex.X-58a:19.5.97: Communication from 2nd plaintiff to the President of Cochin Tirumala Devasthanam

Ex.X-59:4.5.98: Rayasapathram in Malayalam language

Ex.X-59a:4.5.98: Translation copy of Rayasapatram issued by the 1st defendant to Sri Pratasu A Kamala addressed to Cochin Tirumala Devasthanam

Ex.X-60:11.12.1995: Rayasapatram in Malayalam language

Ex.X-60a:11.12.1995: Translation copy of Rayasapatram issued by the 1st defendant to Cochin Tirumala Devasthanam

Ex.X-61:16.2.97: Rayasapatram in Malayalam

Ex.X-61a:16.2.1997: Translation copy of Rayasapatram issued by the 1st defendant to Cochin Tirumala Devasthanam

Ex.X-62:11.121.1998: Rayasapatram in Malayalam language

Ex.X-62a:11.12.1998: Translation copy of Rayasapatram issued by the 1st defendant to Cochin Tirumala Devasthanam

Ex.X-63:5.1.1999: Rayasapatram in Malayalam language

Ex.X-63A: Translation copy of Rayasapatram issued by the 1st defendant to Cochin Tirumala Devasthanam

Ex.X-64:16.3.2001: Proclamation of D1 received by Cochin Tirumala Devasthanam

Ex.X-65:2.8.80: Malayalam proclamation

Ex.X-65a:2.8.88: Proclamation Kollam village issued by 1st defendant addressed to Deaibals of Kollam village

15. The Division Bench of this Court, no doubt, during the pendency of the suit when certain interlocutory orders had been challenged in A.A.O.No.1089 of 2001 and batch, by order, dated 07th day of August, 2001, ultimately answered as hereunder.

"As already observed dispute relates to the religious office of Matadhipathi and the religious preachers who are expected to preach religion and guide the ordinary people, had involved themselves in the present litigation. In the order dated 28.3.2001 made in I.A.No.1510 of 2000 and other applications at para 23 the learned III Additional District Judge had observed as follows:

"Since the 2nd plaintiff has expressed his difficulty that he has no sufficient money to perform Trikala Pooja and that Rs.5,000/- to Rs.7,000/- per day is required for performing Trikala Poojas and for offering Nitya Pooja and for offering Nithya Nivedyam etc., and the 1st defendant himself has expressed concern about the due performance of Trikala Pooja, the defendant No.1 is directed to deposit Rs.2,10,000/- per month which can be withdrawn by the 2nd plaintiff for performance of Trikala Pooja and to meet the necessary expenses. The 2nd plaintiff is also directed to furnish regular accounts of the same.

Both the parties are directed to make efforts and cooperate with the commissioners to arrive at a compromise and also to file draft issues within 15 days from the date of this order.

Since it is submitted that the 2nd plaintiff has not furnished accounts of Kashimath, Tirumala to the auditors and the 2nd plaintiff has denied the same, without prejudice to the contentions of both the parties, the 2nd plaintiff is directed to furnish additional copy of accounts of Kashi Math, Tirumala to the court before 16.4.2001 and the auditor of the 1st defendant can take the same from this court."

It is not clear from the order how and why a particular amount had been fixed and it will be appropriate if an order is passed on an independent application wherein the plaintiffs may specify all the details of the necessary expenditure and in the event of the plaintiffs making such an application the court below is at liberty to make an appropriate order in this regard.

For the foregoing reasons we make the following order:

C.R.P.No.1765 of 2001 is allowed; C.M.A.No.1089 of 2001 and C.M.A.S.R.No.38851 of 2001 are allowed giving liberty to the plaintiffs to initiate separate action against non-parties if they are so advised; C.M.A.No.1090 of 2001 and C.M.A.No.1449 of 2001 are hereby dismissed; C.M.A.No.1440 of 2001 also is dismissed; C.M.A.No.1603 of 2001 is partly allowed to the limited extent setting aside the order "directing the first respondent-first defendant not to delegate his powers particularly the authority who deal with bank accounts and of other movable and immovable properties of Kashimath Samsthan to any other person i.e., the first respondent shall himself deal with the funds of Sri Kashimath Samsthan and other movable and immovable properties and he shall not authorize any other person to deal with the same by executing general power of attorney or any other document pending disposal of the suit" and however the direction relating to performance of Trikala Poojas stands and C.R.P.S.R.No.43398 of 2001 filed by the plaintiffs under Article 227 of the Constitution of India also is dismissed.

However, before parting with this case we are inclined to issue the following further directions in the facts and circumstances of the case."

No doubt this Court also observed after the judgment has been delivered it is submitted that the direction issued by this Court in C.R.P. to dispose of the suit by the end of July 2001 is difficult to be complied with. We see some force in this submission. Further, the witnesses of the suit are spread over in eight states of the country. In the circumstances, suit shall be disposed of before the end of April 2002 by the court below.

16. As against the interim order granted by this Court in C.R.P.No.1641 of 2001, in Civil Appeal No.6312 of 2001 by order dated 14th February 2008 the Apex Court made the following order.

"This appeal is directed against an interim order granted by the High Court of Andhra Pradesh at Hyderabad in C.R.P.No.1641/2001. On 10th September 2001, while granting leave in the S.L.P., the following interim order was passed by this Court:

"Meanwhile the judgment under challenge shall remain stayed. However, if the respondent has any apprehension regarding embezzlement of fund or want to worship the deity or further safeguard of the deity, it will open to him to move the trial court."

The learned counsel appearing for the parties submitted before us that the pending suit in respect of which the interim order was granted and stayed by this court on 10th of September, 2001 is likely to be disposed of within a period of 2 months from this date. Since the interim order, which was challenged in this appeal and stay of that interim order was granted by the court on 10th of September, 2001, is continuing even today, we fell it proper to dispose of this appeal by directing the trial court to dispose of the pending suit within two months from the date of supply of a copy of this order to the trial court were the suit is now pending without granting any unnecessary adjournment to either of the parties. The interim order that was passed on 10th of September, 2001 and is continuing shall continue for a further period of 4 months from this date or till the disposal of the suit, which ever is earlier. The appeal is thus disposed of without any order as to costs."

17. No doubt, there was some delay in the disposal of the suit and ultimately, however, plaintiffs were unsuccessful both in the suit and also in the counter- claim as well and hence they had preferred the present appeals.

18. The first petitioner Sri Kashi Math Samsthan was established in between 14th and 15th Century A.D and it is one of the three Dharma Peethas or spiritual thrones of the Gowda Saraswatha Brahmin Community. The first respondent was given Sanyasa Deeksha on 24.5.1944 by its then Head and Mathadhipathi. On the demise of the then Matadhipathi in 1949, the first respondent became the Matadhipathi of the first petitioner Math until his abdication on and with effecte from 12.12.1994. As per the prevailing tradition of Math, the Matadhipathi has to perform and discharge several dharmic religious and social duties. He is the custodian of the "Mudra" (insignia), the Seal of the Math. The first respondent fell ill in 1988 and thereafter the second petitioner was ordained as "Sanyasi" by the first respondent in 1989 after choosing him to be the successor of the first petitioner Math Samsthan. The first petitioner abdicated his authority, powers and privileges as the 20th pontiff and head of the first petitioner in respect of all the religious, dharmic and social activities of the first petitioner, except those of Shri Vyashasram at Haridwar to and in favour of 2nd petitioner on and with effect from 12.12.1994.

19. It is stated in the affidavit that it is an admitted fact that they have been nominating successor to the Gaddi of first appellant Sri Kashimath Samsthan and initiating into Sanyasa as a Shishya by the first and all the social, dharmic and religious activities of first appellant Sri Kashi Mutt Samsthan was entrusted to them together with the Holy Deities with the related Paraphernalia, Insignia (authoritative Seal of the Samsthan and all the related assets and since 12.12.1994 they have been exercising all he authority and entitled to all the privileges administering all the activities as Matadhipathi performing the Trikala Pujas to the presiding Deities of Sri Kasi Mutt Samsthan touring and holding camps.

20. Further it is stated that along with the suit O.S.No.34 of 2000 the petitioners filed I.A.No.1089 of 2000 seeking temporary injunction as claimed herein and after contest the same was partly allowed ordering injunction against the first respondent and their men from in any way interfering with their performance to the above besides subsequently providing for maintenance of status quo of Tirumala Branch Math in their possession. The first respondent challenged the said order before this Court and the same was dismissed with certain modifications. The Apex Court allowed the petitioners' free movement with the Holy deities, paraphernalia, insignia etc., protecting their movement in the SLP/Civil Appeal filed by the petitioners.

21. It is also stated that on the basis of rival contentions in the suit, as many as 11 issues were settled by III Additional District Judge, Tirupati, tried fully and reserved the suit for judgment during the month of February, 2008 and subsequently the matter was transferred to IV Additional District Judge, Tirupati and on 28.01.2008 the leaned IV Additional District Judge, Tirupati, dismissed the suit with costs allowing the counter-claim filed by the first defendant ordering them to handover all the deities and other articles in their possession belonging to the first appellant Samsthan within one month from the date of judgment, without affording proper opportunity of being heard to the plaintiffs.

22. Further it is stated that the trial court did not even consider the provisions of Hindu Law and settled legal prepositions of this Court and Apex Court showing that the succession cannot be reverted back and it has to be passed on to the successors only. Several other averments also had been narrated in paras 10 to 15 of the affidavit as well.

23. In the light of the elaborate grounds which had been specified as many as about 80 grounds in the memorandum of grounds of appeal in these appeals, the reliefs had been prayed for by the petitioners.

24. In the counter-affidavit filed by the first respondent several of the averments made in the affidavits narrating the facts in detail had been denied and certain of the averments had been further explained. It is stated in the counter-affidavit that the petitioners filed O.S.No.34 of 2000 seeking a declaration that the second petitioner is the present Matadhipathi of the first respondent Math and also for perpetual injunction and also filed I.A.No.1037 of 2000 seeking temporary injunction restraining the respondents from interfering with the exercising of the second petitioner's right as Matadhipathi and the trial court granted an ex parte ad-interim injunction, dated 05.9.2000. An application I.A.No.1072 of 2000 was filed seeking to vacate the interim injunction and both applications were heard together and were disposed of by a common order, dated 29.9.2000, holding that the second petitioner was not entitled for interim order as prayed for, but however, since the second petitioner had been performing the thrikala pooja to the holy deities as entrusted by the first respondent, an order of injunction was passed restraining the respondents from interfering with performing thrikala poojas to the holy deities.

25. It is also stated that as against the aforesaid order, the first respondent filed C.M.A.No.1603 of 2001 and the trial court affirmed the said order and directed that the suit shall be disposed of before April, 2002 by the court below.

26. Further it is stated that the first respondent filed I.A.No.1511 of 2000 in the lower court to direct the second petitioner not to move out of Tirupati without permission of the court, since the second petitioner was in the custody of holy deities, paraphernalia and other antique jewels. The lower court refused to pass such a restraint order, but directed the second petitioner to prepare the details of the deities and other paraphernalia in the presence of the commissioners appointed by the court and obtain signatures in that list and keep it in a sealed cover and deposit the same into the court before moving to any place.

27. Aggrieved by the same, C.R.P.No.1641 of 2001 was filed before this Court and the same was allowed directing the second petitioner not to go out of territorial jurisdiction of the Tirupati Court along with the idols during pendency of the suit and also directed that the suit to be disposed of on merits positively by 31.7.2001. The petitioners carried the matter by way of appeal Civil Appeal No.6312 of 2001 to the Supreme Court and obtained interim orders on 10.9.2001 staying the order passed by this court. The Civil Appeal was disposed of on 14.2.2008 directing that the interim order passed on 10.9.2001 shall continue for a period of four months or till the disposal of the suit whichever is earlier.

28. Further it is stated that when an inventory of the items are sought to be taken, the second petitioner did not cooperate with the matter and finally gave a list of items on 10.01.2002. Thereupon, on behalf of first respondent, a 14 pages inventory was also furnished on 10.01.2002, but the petitioners did not cooperate for comparing the same and ultimately on 23.2.2002 the court commissioner took inventory and filed a report on 01.3.2002 which substantially tallies with the list filed on behalf of the first respondent.

29. It is also averred that despite the repeated directions of the Court for early conclusion of trial, the petitioners never get ready in the matter and were postponing the things on one pretext or the other.

30. Further it is stated that it is true that the second petitioner was the nominated successor of the first petitioner and taken as 'sishya' by the first respondent. The second petitioner was ordained as 'sanyasi' in the year 1989 which is evident from Ex.A-46, dated 18.5.1989, and the claim of the second petitioner that he was appointed as Matadhipathi with effect from 12.12.1994 is based on Ex.A-51, proclamation issued by the first respondent, and the first respondent never abdicated his position as Matadhipathi in favour of the second petitioner as per Ex.A-51. As per the custom of Sri Samsthan, Matadhipathi seat cannot be relinquished and it continues till Samadhi of the Matadhipathi, then only already initiated 'sishya' would assume the office of Matadhipathi. If the second petitioner is the Matadhipathi as claimed by him from 12.12.1994, there is no reason why he wrote Ex.B-34 letter, dated 04.11.1999, requesting the first respondent to relieve from the activities of Sri Samsthan.

31. It is also stated that only on the strength of the interim order passed by the trial court, the second petitioner is in possession of the holy deities. It is not known to them whether the second petitioner is performing 'thrikala poojas' or not. According to the 'parampara' of the Sri Samsthan, the Swamiji would be visiting all places along with the holy deities and paraphernalia to enable worship by the community follower and the 'poojas' performed by the Swamiji are open to public 'darshan' and nothing is done in secret. But, from 2002 onwards when the petitioner moved out of Tirupati, one of the members belonging to the community had an opportunity to worship the holy deities belong to the community. Except setting in two places in Ernakulam District of Kerala State, the second petitioner never conducted any rituals open to public or visited any place in India. When the second petitioner visited Puttur, Mangalore District, Karnataka State, on 31.12.2002, some of the devotees of the community made a request to allow them to have a 'darshan' of the holy deities. The second petitioner lodged a police complaint and got registered a case in C.C.No.895/2002 against 156 members of the community and the trial is still pending. The idols and 'salagrams' are nearly 500 years old and that they were given to the first Swamiji of Sri Samsthan by the Swamiji of Kumbhakonam Mutt in 1540. For the last seven years, the holy deities and 'salagrams' were even deprived of a 'darshan' by the second petitioner under the garb of interim orders.

32. Further several other averments were made in paras 7 to 10 of the counter- affidavit.

33. It is also stated that it is true that the community is spread over the entire country and because of the judgment of the trial court the 'cotori' of the first respondent spread false rumors and created lot of commotion in the community and causing lot of inconvenience to the smooth performance of 'thrikala poojas' to the deities are all vague. The second petitioner, claiming as Matadhipathi of the first petitioner, set up a trust headed by him as a sole trustee by name Sri Vyasa Prasanna Raghavendra Charitable Trust, purchased immovable property in the name of the said trust. Till today, all the assets of the community are in the name of the first petitioner. It is not known as to what made the second petitioner to float a trust of which he is the sole trustee and if he is the Matadhipathi of the first petitioner which itself is a religious and charitable organization.

34. Further it is stated that there were never any groups in the community. It is the second petitioner that constituted a group by himself with his followers. The first respondent, who had been faithfully and devotedly performing the office of Matadhipathi from the year 1949 onwards, even at the age of 83 undertaking tours spread over various parts of India. On the other hand, the second petitioner who is claiming to be the Matadhipathi has confined himself to a place.

35. Further, it is stated that the first defendant had worshiping the deities from the year 1949 onwards till 12.12.1994 when he entrusted the same to the second petitioner. Thereafter in November 1999 second petitioner himself sought permission of the first defendant to relieve him of the deities entrusted to him. When the same was accepted, the second petitioner resorted to this litigation and since then he is in possession of the deities. The petitioners are guilty of disobeying the orders passed by the Supreme Court and he never returned to Tirupati. The petitioner had not made out any prima facie case, balance of convenience lies in favour of first respondent. Certain further averments also had been made.

36. Since similar averments had been made in the application filed under Order XLI Rule 5 of the Code of Civil Procedure and also in the counter-affidavit, the same need not be repeated again.

37. In the light of the respective stands taken by the parties and also the findings recorded by the learned trial Judge, whether the reliefs prayed for by the petitioners to be granted or to be negatived may be the principal question to be decided in these applications.

38. The elaborate grounds specified in the memorandum of grounds of appeal in both these appeals and certain of the admissions specifically pointed out in the oral evidence of D.W.1 and also certain portions of the evidence of P.W.1, these aspects may have to be considered in elaboration at the time of disposal of these appeals. Suffice to state that at this stage the strong prima facie case, balance of convenience and irreparable loss may have to be considered for the purpose of either granting or refusing the reliefs prayed for.

39. In Law of Injunctions, 8th edition of Justice P.S. Narayana, while dealing with injunction and stay it was specified as hereunder. "An order of injunction is generally issued to a party and it is forbidden from doing certain acts. It is well settled that in such a case the party must have knowledge of the injunction order before it could be penalized for disobeying it and it is equally well settled that the injunction order not being addressed to the Court, if the Court proceeds in contravention of the injunction order the proceedings are not nullity. In the case of a stay order as it is addressed to the Court and prohibits it from proceeding further, as soon as the Court has knowledge of the order it is bound to obey it and if it does not, it acts illegally and all proceedings taken after the knowledge of the order would be a nullity."

40. In Aboobucker v. Kunhamai1 it was held by the Madras High Court as hereunder.

"An interim relief is granted to a person on the footing that the person is prima facie entitled to the right on which is based the claim for the main relief as well as the interim relief. The relief is granted as an interim measure till the disposal of the suit, in which is to be investigated the validity of the claim of right that has been put forward. If no such claim has been put forward in the suit, it means there can be no occasion for investigation of such a claim in the suit there can be no justification for the grant of an interim relief which will just lapse on the termination of the suit but which will leave the parties in the same position in which they were before the institution of the suit in the course of which the interim relief was sought and obtained."

41. In N.V. Chowdhary v. Hindustan Steel Works Construction Ltd.2 the Division Bench of the Andhra Pradesh High Court held as hereunder. "The grant of interim injunction is a discretionary remedy and in exercise of judicial discretion in granting or refusing to grant, the Court will take into reckoning the following as guidelines:

(1) Whether the person seeking temporary injunction has made out a prima facie case - this is sine qua non.

(2) Whether the balance of convenience is in his favour, that is, whether it could cause grater inconvenience to him if the injunction is not granted than the inconvenience, which the other side would be put to if the injunction is granted. As to that, the governing principle is whether the party seeking injunction could be adequately compensated by awarding damages and the defendant would be in a financial position to pay them.

(3) Whether the person seeking temporary injunction would suffer irreparable injury. It is, however, not necessary that all the three conditions must obtain. With the first condition as sine qua non at least two conditions should be satisfied by the petitioner conjunctively and a mere proof of one of the three conditions does not entitle a person to obtain a temporary injunction."

42. In Nawab Mir Barkat Ali Khan v. Nawab Zulfiquar Jah Bahdur and five others3 it was held as hereunder.

"It is well settled that the grant or refusal of a temporary injunction is covered by three well established principles viz. (1) Whether the balance of convenience is in their favour i.e., Whether it would cause greater inconvenience to them if the injunction is not granted than the inconvenience which the opposite party or persons claiming through the opposite party would be put to if the temporary injunction is granted, and (3) Whether the petitioners would suffer irreparable injury with the first condition as Sine qua non atleast two conditions should be satisfied by the petitioners conjunctively and a mere proof of one of the three conditions does not entitle the petitioners to obtain a temporary injunction in their favour."

43. In Sridhar Panda v. Taramani dibya4 it was observed as hereunder. "An injunction is a judicial process whereby a party is ordered to refrain from doing or to do particular act or thing. In the former case it is called a restrictive injunction and in the latter a mandatory injunction. (See Halsbury's law of England : 2nd Ed. Vol.21). Injunction may be either final remedy obtained by a suit, or a preliminary and interlocutory relief granted while the suit is pending. In the first case it is a decree, in the second an order or writ. Whatever be its forms, decree or order, the remedy by ordinary injunction is wholly preventive, prohibitory or protective. The same is true in theory and in form of a mandatory injunction which always by its language prohibits the continuance of an act or a structure although in effect and in its essential nature it is wholly retrospective and compels the defendants to restore the thing to its original situation. An injunction is merely a process by which court enforce equity. It is an order of an equitable nature. It is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing. The former is generally called 'restrictive injunction' and the latter is called 'mandatory injunction'. An interlocutory or interim injunction is to preserve matters 'in suit' until the case can be tried. There must be some equitable ground for interference by injunction such as a necessity of preventing irreparable mischief or in cases when the injury apprehended is of a character as cannot be adequately compensated by damages or is one which must occasion constantly recurring grievance which necessitates a preventive remedy in order to put an end to repeated perpetration of wrongs. This power has to be exercised sparingly or cautiously and only after thoughtful deliberation and with a full conviction on the party of the court of its urgency and necessity.

Courts issue injunctions where the right which is sought to be protected is clear and unquestioned and not where the right is doubtful and there is no emergency and further where the injury threatened is positive and substantial and is irremediable otherwise. It is also an important rule that the conduct of the parties seeking injunction must not be tainted with unfairness or share practice. The principal function of an injunction is to furnish preventive action against irreparable mischief. An injury is deemed to be irreparable when having regard to the nature of the act and from the circumstances relating to the threatened harm. The apprehended damage cannot be adequately compensated with money.

Grant or refusal of a temporary injunction is covered by three well-established principles viz., (1) Whether the applicant has made out a prima facie case; (2) Whether balance of convenience is in favour of the applicant, i.e., whether it would cause greater inconvenience if the injunction is not granted than the inconvenience which the opposite party or persons claiming through the opposite party would be put to if the temporary injunction is granted and (3) whether the petitioner would suffer irreparable loss or linjury with the first condition as sine qua non."

44. In Shyama Kishore Bal v. Kishore Talkies5 it was held that the principles on which grant of injunction rests are as hereunder. (i) In the facts and circumstances of each individual case there must exist a strong probability that the petitioner has an ultimate chance of success in the suit. This concept is what is usually known as a prima facie case. (ii) As the injunction is granted during the pendency of the suit, the Court will interfere to protect the plaintiff from injuries which are irreparable. The expression "irreparable injury" means that it must be material one which cannot be adequately compensated for in damages. The inquiry need not be actual, but may be apprehended.

(iii) The court is to balance and weigh the mischief or inconvenience to either side before issuing or withholding the injunction. This principle is otherwise expressed by saying that the court is to look to the balance of convenience.

With the first condition as sine qua non other two conditions should be satisfied by the petitioner conjunctively and mere proof of one of the three conditions does not entitle a person to obtain temporary injunction.

Prima facie case means that it needs serious consideration, investigation or determination. It does not mean proof at this stage. It means bona fide dispute requiring determination without pre-judging the case. In order to find out whether there exists any prima facie case in favour of a party or not, it would be enough if it could be established that there was a seriously arguable question and it is not necessary that the point be proved to the hilt at that stage. Showing a reasonable chance of success is enough. The apparent strength of the applicant's case is the guiding factor. Then Court has to consider the balance of convenience and irreparable loss aspects. When the Court is called upon to examine whether applicant has a prima facie case for the purpose of granting temporary injunction, the court must perforce examine the merits of the case. But the findings on various questions like right, title or interest in the suit land would be merely incidental or ancillary for the purpose of assessing the prayer for temporary injunction, and not for anything else and the said findings shall not be of any avail or effect for any other purpose.

Balance of convenience means comparative convenience, mischief and inconvenience of the parties contesting an application for temporary injunction and the same may be equated with what had been left out after weighing prima facie case of parties. The inconvenience of the applicant if temporary injunction is refused will be balance and compared with that of the other party, if it is granted. If the scales of inconvenience leans to the side of the applicant, then only interlocutory injunction should be granted. Irreparable injury is one which is substantial and which cannot be remedied by damages. Balance of convenience necessarily brings in the concept of irreparable injury. The very first principle on which temporary injunction may be granted is that the Court will not grant it to restrain an actionable wrong for which damages might be proper remedy. When having regard to the facts and circumstances of the case, the apprehended damage or injury cannot be adequately compensated by money. Such injury which cannot be adequately remedied by damages. The remedy by damages would be inadequate if the compensation ultimately payable to the applicant in case of success in the suit would not place him in the position in which he was before. An injury is said to be irreparable where there exists no certain pecuniary standard of measuring the damage. "Irreparable injury" means "that species of damages, whether great or small, that ought not to be submitted to on the one hand or inflicted on the other". Thus, an injury is irreparable where the damages are estimable only by conjecture, and not by any accurate standard. An injury is regarded as irreparable if there is no certain pecuniary standard for the measurement of the damages."

45. This is an unfortunate dispute relating to the office of Matadhipathi of Sri Kashi Math Samsthan. The spiritual and religious preachers are expected to be pious and devotional and the office of the Matadhipathi is to be kept in high esteem in the eyes of devotees having ordained faith. However, due to the misfortune of this Math, the office of Matadhipathi is put into the present lis.

46. The law is well settled that succession is a matter for religious institution and is regulated by custom and usage of the particular institution, except where the rule of succession is laid down by the founder himself who created the endowment.

47. In the written statement of the first respondent-first defendant it was specifically pleaded that ascendancy to the position of the Matadhipathi of Shri Samsthan is governed by specific tradition, usage and rites which is an event to take place only after the lifetime of the existing Matadhipathi and the first defendant never intended to abdicate the position which he has been holding since the year 1949 and he could not have done it either in the light of the tradition and custom/rites of Shri Samsthan.

48. The learned Judge appreciated the evidence of P.Ws.1 to 13, D.Ws.1 to 3 and also the A-series, B-series and X-series which already had been specified supra and recorded findings. The first respondent-first defendant issued proclamation Ex.B-45 dated 19.7.2000 whereunder the second petitioner was relieved of all duties and powers given to him and Ex.B-45 reads as hereunder. "By our proclamation of 4th November, 1994, Religious, Dharmic and Social Duties inhering in us by virtue of our position as Matadhipathi of Sree Kashimath Samsthan were entrusted to Sree Raghavendra Thirtha for the sake of convenience. The powers entrusted as aforesaid are to be exercised in accordance with sasthras, parampara, sampradayas as sanctified by custom, Usage and Traditions and directions from us.

Sree Raghavendra Thirtha has not fulfilled these obligations and has even defied us under whom he acts and even refused to meet us. This has caused us great pain and anguish. However, consistent with the dignity of our office as the Matadhipathi, in whom vests all the authority to maintain the dharmas we observe absolute calm. Now that Sree Raghavendra Thirtha has expressed his desire to be relieved of the duties which we had entrusted, it has become necessary for us to take a decision. On 1st December, 1999 we stated in our Rayasa Pathra that after referring to the request "This matter is engaging our careful attention for a further decision which we propose to take in appropriate manner after duly taking into consideration all relevant matters and tradition of Shree Samsthan".

We have now, in consideration of all relevant matters and in discharge of our duties as Matadhipathi bounden to safeguard and pertuate the well being, traditions and usage of Shree Kashimath Samsthan accepted the request of Shree Raghavendra Thirtha contained in his letter dated 4th November, 1999. We hereby relieve him of all duties and powers given to him by our proclamation of the 4th November, 1994.

Be this known to all concerned in the Samsthan and Samaj and those having dealings with Sree Kashimath Samsthan".

49. Likewise, Ex.B-34 letter dated 04.11.1999 reads as hereunder:

"In view of the recent events, we have firmly decided not to involve in the matters concerning the authority of Shree Samsthan (Adhikarika Vishayas) as well as the Dharmic activities (Dharmic Vishayas) of the Samaj. Therefore, with pranams again and again we pray and request to relieve us as early as possible."

50. This aspect of Ex.B-34 having been addressed by the second petitioner- second plaintiff is not in serious controversy. Ex.A-186 also had been referred to apart from Ex.X-7 and the evidence of P.Ws.7 and 9 also had been referred to in detail apart from the other evidence available on record, P.W.1, P.W. 2, P.W.3, P.W.4, P.W.5, P.W.6, P.W.8, P.W.10, P.W.11, P.W.12 and P.W.13 as well. Several questions put to D.W.1 and the answers elicited also had been referred to apart from the evidence of D.W.2 and D.W.3 as well. The learned trial Judge also had referred to the following decisions

(1) Sital Das v. Sant Ram (AIR 1954 SC 606); (2) Krishna Singh v. Mathura Ahir (AIR 1980 SC 707);

(3) Rajendra Ram Doss v. Devendra Doss (AIR 1973 SC 268); (4) Arjun Dass Mahant v. Commissioner of Endowment (2006 (2) ALT 588); (5) Sethu Ramaswamiar v. Meruswamiar (AIR 1917 PC 190); (6) Gobinda Ramajuj v. Ram Charan (AIR 1925 Cal, 1107); (7) Ram Charan v. Gobinda Ramanuj (AIR 1929 PC 65); (8) Gobinda Ramanuj v. Ram Charan (ILR 63, Cal 326); (9) Ram Prakash v. Ananda Das (AIR 1916 PC 256); (10) Satish Chandra v. Dharanidhar Singha Roy (AIR 1940 PC 24); (11) Vidya Varuthi v. Balusami (AIR 1922 PC 123); (12) Commissioner HRE v. Sri Lakshmindra Thirtha Swamiar (AIR 1954 SC 282); (13) Biram v. Narendra (AIR 1966 SC 1011);

and recorded reasons in detail. The learned Judge, apart from appreciating the oral evidence available on record in elaboration, discussed Ex.A-186, Ex.X-7, Ex.B-34, Ex.A-77, Ex.A-40, Ex.A-41, Ex.A-74, Ex.A-75, Ex.A-76, Ex.A-79, Ex.A-91, Ex.A-14, Ex.A-15, Ex.A-16, Ex.A-17, Ex.A-18, Ex.A-19, Exs.A-1 to A-11, Exs.A-21 to A-25, Ex.A-225, Ex.A-228, Ex.A-230, Ex.A-234, Ex.A-235, Exs.B-197 to B-213, Ex.B-29, Ex.B-30, Exs.B-47 to B-52, Ex.B-69, Ex.B-119 and recorded findings in elaboration. The learned Judge referred to Ex.B-45 in elaboration in repetition and further on appreciation of oral and documentary evidence available on record and came to the conclusion that the petitioners-plaintiffs approached the Court with unclean hands and came to the conclusion that the declaration relating to the office of the Matadhipathi prayed for cannot be granted in favour of the petitioners-plaintiffs and ultimately negatived the reliefs prayed for in the suit and granted reliefs prayed for in the counter-claim.

51. Several of the facts appear to be not in serious controversy between the parties. At a particular point of time certain duties were entrusted to the second petitioner also appear to be not in serious controversy. Whether this would amount to conferring the office of the Matadhipathi and whether the second petitioner can claim the right to the office as Matadhipathi, in the facts and circumstances, this appears to be the serious controversial question between the parties. In the light of the oral and documentary evidence available on record, the learned trial Judge recorded elaborate findings and further referred to the relevant portions of the evidence of P.W.1 and D.W.1 in particular apart from the other evidence available on record and also referred to the contents of Ex.B45 in particular and recorded findings in elaboration. Thus, in the light of the elaborate findings recorded by the learned trial Judge whether the reliefs prayed for in these applications to be granted or to be negatived may have to be considered.

52. The settled principles of law in relation to the granting or refusal of temporary injunction already had been discussed supra. It is no doubt true that while allowing the counter-claim the learned trial Judge came to the conclusion that the second petitioner cannot interfere with the affairs of Samsthan and the first respondent-first defendant is entitled for the relief of permanent injunction and mandatory injunction as prayed for and further specifically held that the second petitioner has to hand over the holy deities, paraphernalia and insignia and other articles to the first respondent-first defendant and further it was recorded that the learned counsel appearing for the first respondent- first defendant submitted that an advocate-commissioner was appointed to make inventory and a report was filed and the second petitioner-second plaintiff is bound to hand over all the articles belonging to Shri Samsthan to the first respondent-first defendant and in the light of the same certain submissions were made that as far as the relief of mandatory injunction granted in the counter- claim is concerned normally status quo to be granted and the direction relating to the delivery of the same to be further stayed during the pendency of these appeals.

53. It is no doubt true that normally if the court is satisfied that strong prima facie case had been made out and balance of convenience is in favour of the petitioners, status quo existing as on the day be continued till the disposal of the appeals as well. Here is a case which is concerned with the faith of the devotees and this is a dispute or a lis concerned with the office of the Matadhipathi, it is needless to say that the re-delivery of holy deities, paraphernalia, insignia and other articles belonging to Shri Samsthan and by way of mandatory injunction had been ordered since the relief of declaration of Matadhipathi prayed for by the second petitioner-second plaintiff had been specifically negatived, especially, in the light of Ex.B-45 and Ex.B-34 as well and incidentally Ex.B-27 also had been referred to. The fact that first respondent-first defendant became Matadhipathi of Shri Samsthan in the year 1949 is not in controversy at all and no doubt the first respondent-first defendant adopted the second petitioner-second plaintiff as Sishya and also gave him necessary training also these aspects also are not in controversy.

54. The office of Matadhipathi in a way is embodiment of Spirituality and Divinity. The devotees of particular cult or denomination will have immense faith in the said Matadhipathi. It is no doubt more concerned with the religious faith and devotion. In a disorderly occupation of a person to such an office would have serious impact on such devotees having immense faith in such person occupying the religious office of the Matadhipathi. Hence, Courts are expected to be very careful and cautious while deciding such matters either at interlocutory stage or while finally disposing the matter.

55. Ex.B-27, Ex.B34 and Ex.B-45 had been referred to and findings had been recorded by the learned trial Judge in this regard while answering issue No.8 while granting prohibitory injunction and also the mandatory injunction as prayed for in the counter-claim. Keeping in view the interest of the devotees and also further appreciating the conduct of the parties as well and also in view of the fact that the declaratory relief relating to the Matadhipathi had been specifically refused after recording reasons in detail by the learned trial Judge, this Court is satisfied that none of the ingredients to be satisfied either for grant of relief of temporary injunction or the grant of stay as prayed for in these applications had been made out and even if balancing interests are to be appreciated and the interest of the devotees are the predominant interest involved, the relief of mandatory injunction granted by the learned trial Judge as prayed for in the counter-claim, prima facie, cannot be found fault especially keeping in view the interest of the devotees in view and, hence, this Court is satisfied that it would not be just and proper to continue the existing state of things till the disposal of these appeals, since despite the directions the disposal of the suit itself had been delayed, this Court is not inclined to express any opinion relating to the reasons for such delay in disposal of the suit. But the facts remains that there was substantial delay in the disposal of the suit itself and it may not be just to maintain status quo even during the pendency of these appeals, since the disposal of the appeals may take sufficient time and keeping in view the interest of the devotees at large, this Court is of the considered opinion that by virtue of the relief of mandatory injunction the status quo anti to be restored and the holy deities, paraphernalia and insignia which had been ordered to be restored to the first respondent-first defendant be restored. No doubt, this would be the subject to the result of these appeals.

56. Accordingly, it is needless to say that these applications being devoid of merit, the same are liable to be dismissed. Before parting with the case, this Court does hope that the first respondent-first defendant would keep up the expectation of the large number of devotees in this institution-office of the Matadhipathi.

57. Point No.3:

In the result, the applications are hereby dismissed subject to the observation that the delivery of the holy deities, paraphernalia, insignia which may be made by virtue of the relief of mandatory injunction granted by the learned trial Judge would be subject to the result of these appeals. Subject to the above observation, the applications are hereby dismissed. No order as to costs.

?1 AIR 1958 Madras 287

2 AIR 1984 AP 110

3 1976 (1) An.WR 32

4 1997 (3) Civ.L.J. 579 at 580

5 1995 (1) Civ. L.J. 921