Holding

The appellants failed to make out a prima facie case and the balance of convenience was against them, therefore no interim injunction could be granted.

Summary

The Kashi Math Samsthan and its successor appellant filed a suit seeking a declaration that the appellant was the 21st Mathadhipathi and an injunction restraining the incumbent Mathadhipathi from exercising his powers. The trial court granted a temporary status‑quo injunction during the suit, but later dismissed the suit and ordered a permanent injunction in favour of the incumbent. While the suit was on appeal, the appellants applied under Order 39 Rules 1‑2 and Order 41 Rule 5 of the CPC for a fresh interim injunction and a stay of the decree; the High Court rejected both applications. The Supreme Court examined whether the appellants had made out a prima facie case, the balance of convenience, and irreparable loss, which are prerequisites for granting injunctions. It held that the appellants failed to establish a prima facie case and that the balance of convenience was against them, so no interim relief could be granted. Consequently, the Court dismissed the appeals, leaving the High Court's order undisturbed.

Issues considered

Whether the appellants satisfied the requirements of prima facie case, balance of convenience, and irreparable loss to obtain an interim injunction under Order 39 and Order 41 of the CPC.
Whether the status‑quo injunction granted by the trial court should continue during the pendency of the appeals.
Whether the succession to the Mathadhipathi can be transferred before the death of the incumbent under the customs of the Math.

Legislation cited

Code of Civil Procedure, 1908s. Order 39 Rule 1, s. Order 39 Rule 2, s. Order 41 Rule 5, s. Section 151

Subjects

injunctioninterim injunctionstatus quoprima facie casebalance of convenienceCode of Civil ProcedureOrder 39Order 41Mathadhipathi successionreligious institutioncivil appealspecial leave petition

Judgment

[2009] ·15 (ADDL.) S.C.R. 1309
,·.

. · KASHI MATH SAMSTHAN & ANR. A
v
SHIMAO SUDHINDRA THIRTHA SWAMY & ANR.
(Civil Appeal Nos 7966-7967 of 2009)

DECEMBER 02. 2009
B
[TARUN CHATTERJEE AND H.L. DATTU, JJ.]
. ·. . .

Code of Civil Procedure. 1908: 0.39 rr. 1and2 rlw s.151
and 0;41 'f;5 rlw s. 151 - Temporary injunction and stay of
decree : ; _ ·suiUor-declaration of plaintiff as Mathadhipathi' and C
· injtm~Jipil.. ~straining the defendant-former 'Mathadhipathi'
from exercisihg powers etc. as 'Mathadhtpathi' - Trial court
granting interim injunction directing parties to maintain status
.quo - S11it dismissed by final order - Appeal to High Court -
'nterirn injunction s.ought during pendency of appeal - Denied o
by High· Court - bn ·appeal. Held. Findings of courts below
show.that the plaintiffs failed to make out prima facie case in
his favour and balance of convenience was also against him
- Interlocutory Order.

Appellant No.2 filed a suit to declare him as the E
'Mathadhipathi' and 21st Pontiff of the appellant-Math. He
also prayed for injunction, restraining respondent No.1
from ·exercising powers, privileges and duties as the
'Mathadhipathi' of the Math. Respondent No.1 in his written
statement and counter claim stated that since he F
continued a 'Mathadhipathi' of the Math, appellant No.2
had no right to disturb the functioning of respondent
No.1. During pendency of the suit, interim injunction was
passed by trial court granting status quo in favour of
appeJlant No.2. By final order, trial court dismissed the G
suit of appellant No.2 and decreeing the counter-claim of
respondent No.1.

Appellants filed two appeals. They also filed
1309 H
1310 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A applications under 0.39 rr. 1 and 2 r/w s.151 CPC and
under 0. 41 r.5 r/w s.151 CPC for grant of interim 4--
injunction and for stay of decree respectively. High Court
dismissed the applications. Hence the present appeals.

Dismissing the appeals, the Court
B
HELD: 1.1. There is no reason to interfere with the
order of the High Court, in exercise of discretionary
power under Article 136 of the Constitution that appellant
No.2 failed to make out a prima facie case in his favour .-
c and the balance of convenience was also against him. '"'
The trial Court, in its Judgment, had carefully and in detail,
considered the material documents as well as the oral
evidence and then had come to the conclusion that the
appellant No. 2 had failed to make a prima facie case in
D his favour for the purpose of obtaining injunction in his
favour. That being the position, appellant No. 2 was not
entitled to any discretionary remedy of injunction. [Paras
12 and 18] [1317-F-G; 1324-C-D]

1.2. It is well settled that in order to obtain an order
E of injunction, the party who seeks for grant of such
injunction has to prove that he has made out a prima facie
case to go for trial, the balance of convenience is also in
his favour and he will suffer irreparable loss -and injury,
.._
if injunction is not granted. But it is equally well settled
F that when a party fails to prove prima facie case to go for
trial, question of considering the balance of convenience
or irreparable loss and injury to the party concerned
would not be material at all, that is to say, if that party fails
to prove prima facie case to go for trial, it is not open to
G the Court to grant injunction in his favour even if, he has
made out a case of balance of convenience being in his
favour and would suffer irreparable loss and injury if no -.
injunction order is granted. [Para 13] [1317-H; 1318-A-C]

H 1.3. It is clear from the finding of the trial court that
KASHI MATH SAMSTHAN v. SRIMAD SUDHINDRA 1311
THIRTHA SWAMY
respondent No. 1 had not abrogated all his powers as A
'Mathadhipathi' in favour of the appellant No.2 and he
was only entrusted with certain powers. Appellant No. 2
had wanted to be relieved from certain activities of the
Math and he had in fact sought permission from the
respondent No 1 in this regard. Therefore, it was rightly B
held by the trial court in the final judgment that appellant
No. 2 continued to consider respondent No. 1 as the
'Mathadhipathi' of the Math even after the alleged
proclamation of 1994. [Para 13] [1319-C-E]
.
1.4. The powers of the 'Mathadhipathi' of the Math c
were not abdicated in favour of the appellant No.2. It is
well settled that such power of the Mathadhipathiship of
the Math could devolve to any other person after the
death of the existing 'Mathadhipathi' or anyone else, who
could succeed him as the 'Mathadhipathi' of the Math D
according to the customs and traditions of the Math.
[Para 13] [1320-A-B]

1.5. It is true that since the appeals pending before
the High Court are also to be decided on facts, basically E
this position needs to be maintained by the High Court.
But in view of the peculiar facts and circumstances of the
present case and in view of the nature of rights given to
the appellant No.2, as noted prima facie, and in view of
the fact that appellant No. 2 had failed to make out any
F
prima facie case to go for trial, status quo should not be
allowed to continue till the disposal of the appeals by the
High Court. [Para 14] [1320-C-E]

1.6. Although the trial court had directed the parties
to maintain status quo in the matter of functioning of the G
'Mathadhipathi' of the Math till the disposal of the suit, but
such order was passed on a finding that the appellant No.
2 had failed to prove prima facie case to obtain such an
order of status quo. That apart, it is well settled that when
parties went to trial and adduced evidence in support of H
1312 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A their respective cases, it would be open to the court to
reach to a different conclusion at the time of disposal ·of ·
the suit and grant relief accordingly. [Para 14] [1321-E-G]

. . 1.7. While deciding the suit, the trial court held relating
B to· ·the declaration of title of the 'Mathadhipathi' that
respondent No.1 had never abrogated his powers as the
'Mathadhipathi' of the Math in favour of the appellant no.2
and, therefore, a'fter assessing the evidence and the
submissions of the parties, have· granted a decree for
permanent and mandatory injunction and directed it.
C appellant No. 2 to restore back the holy deities and other
materials in his possession relating to the .Math in favour
of the respondent No.1. The trial court also after
considering the entire evidence and. materials on record
in the final judgment held that ·the balance of
D convenience was in favour of the respondent no.' 1 and
that the appellant No 2 had failed to prove that he
succeeded as the 'Mathadhipathi' w.e.f. 1994 after the
proclamation by the then 'Mathadhipathi' i.e.· respondent
No.1. The final findings of the trial court, of course, would
E be taken into consideration by the High Court in the first
appeals but at this stage it cannot be held that such
findings can be said to have been vitiated and the
judgment of the trial court needs to be interfered with.
[Para 14] (1321-G-H; 1322-A-C]
F
1.8. A careful perusal of the findings of the trial court
as well as the High Court and also after considering the
submission of respondent No. 1 that he had only
abrogated some of his powers and not all and that he
was still continuing as the 'Mathadhipathi' of the Math,
G would prima facie show that appellant No. 2 had failed· to
prove that he was made the 'Mathadhipathi' of the Math
by respondent No. 1 or respondent No. 1 had
relinquished his right of the 'Mathadhipathi' of the Math.
[Para 15] [1322-E-G]
H
KASHI MATH SAMSTHAN v. SRIMAD SUDHINDRA 1313
THIRTHA SWAMY

1.9. The finding arrived at by the trial Court as well A

- as by the High Court to the effect that the seat of
'Mathadhipathi' can be transferred to the successor of
the existing 'Mathadhipathi' only after his death and not
-; before, which is apparent from the customs and
'
traditions of the Math, it is difficult to accept at least prima B
facie the case that the respondent No. 1 had relinquished
the seat of 'Mathadhipathi' in favour of appellant No. 2
and such seat could be assumed by appellant No. 2
before the death of the existing 'Mathadhipathi' i.e.
respondent No. 1 or by any deed executed by respondent c
No.1 relinquishing as the 'Mathadhipathi' of the Math.
[Para 17) [1323-E-G]

CIVIL APPELLATE JURISDICTION : Civil Appeal No.
7966-7967 of 2009.
D
From the Judgment & Order dated 25.3.2009 of the High
Court of Judicature, Andhra Pradesh at Hyderabad in AS.M.P.
I
No. 285 of 2009 in AS. No. 90 of 2009 and AS.M.P. No. 286
"'
of 2009 in AS. No. 91 of 2009.

R.F. Nariman, Ranjit Kumar, Ganesh Shenoy, Rajesh E
Mahale for the Appellants.

K.K. Venugopal, Romy Chacko, Ankur for the
Respondents.
F
The Judgment of the Court was delivered by

TARUN CHATTERJEE, J. 1. Leave granted.

- . ., 2. These two appeals, by way of Special Leave Petitions,
have been preferred against a common order dated 25th of G
March, 2009, passed by the High Court of Judicature, Andhra
Pradesh at Hyderabad in AS. No. 90 and 91 of 2009, by which
• " the High Court had rejected the interim -::pplications filed by the
appellants seeking status quo and stay of execution of the
decree passed by the Additional District Judge, IV Court at H
1314 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A Tirupathi in a suit for declaration and injunction.

3. Shri Kashi Math Samsthan (in short "the Math"), which
is the appellant No. 1 herein, was established somewhere
between the 14th and 15th Century A.O. It is one of the three
Dharma Peethas or spiritual thrones of the Gowda Saraswatha
8
Brahmin Community (in short "GSB"). The Respondent No. 1
namely, Shrimad Sudhindra Tirtha Swamy (hereinafter referred
to as the "Respondent No 1") became the Mathadhipathi of the
Math in or around 1949 after the death of the then
Mathadhipathi.
c
4. On 26th of April, 1989, Respondent No. 1, who was the
guru of one Shrimad Raghavendra Thirtha Swami (hereinaftei
referred to as the "appellant no.2"), had chosen him as his Patta
Shishya and successor to the Math. On 7th of July, 1989, the
D Respondent No. 1, conferred Diksha, thereby initiating the
....
,
Appellant No 2 to Sanyasa. On 4th of November, 1994, the
respo_ndent no 1 entrusted some religious, Dharmic and social
activities as well as management of the Math and handed over
all the deities, along with paraphernalia, insignia etc to the
E Appellant no 2. As per the prevalent tradition of the Math, the
_ Mathadhipathi is supposed to perform Pooja to the presiding
deities three times a day, which is referred to as the Trikala
Pooja. The Mathadhipathi as the head of the Math is the
custodian of the "Mudra" (Insignia), or the seal of the Math. The
F respondent No. 1 entrusted his authorities, powers and
privileges as the 20th Pontiff and head of the Math in respect
of some of the religious, dharmic and social activites of the
Math, except those of Shri Vyashasram at Haridwar to and in
favour of the appellant no 2 on and with effect from 12th of
G December, 1994.

5. Due to some disturbances in the matter of continuing
as a Mathadhipathi of the said Math between the GSB and the
respondent No. 1, he sought to prevent the appellant No. 2 from
discharging .his functions as the Mathadhipathi of the Math and
H on the other hand, the appellant No.2 had alleged that the
KASHI MATH SAMSTHAN v. SRIMAD SUDHINDRA 1315
THIRTHA SWAMY [TARUN CHATTERJEE, J.]

. ...
respondent No.1 started interfering with the affairs of the A
Mathadhipathi of the Math. Finding this difficulty, the appellant
No. 2 had instituted a suit to declare him as the Mat_hadhipathi
and 21st Pontiff of the Math and also prayed for an injunction,
restraining the respondent No. 1 from exercising powers, duties
and privileges as the Mathadhipathi of the Math. The said suit ,8
was filed in the Ill Court of the Addi. District Judge at Tirupathi.
The Respondent No. 1 entered appearance and filed his wntten
statement inter alia alleging that since he had continued to be
the Mathadhipathi of the Math, appellant No.2 had no right to
disturb the functioning of respondent No. 1 and by a counter c
claim, he had prayed for return of the deities, paraphernalia,
insignia and other articles, which were in possession of the
appellant no 2.

- 6. During the pendency of the suit, an application for
injunction was filed by the appellant No.2 and the trial Court
directed the parties to maintain status quo in respect of the
D

functioning of the Mathadhipathi relating to the affairs of the Math
' as well as the articles till the disposal of the suit. It is true that
the interim order of status quo granted by the trial Court was
operative during the pendency of the suit and was not E
challenged by the respondent No.1.

7. After issues were framed and evidence was adduced,
4'
the suit itself was disposed of on transfer to the IV Additional
District Judge, Tirupati, who dismissed the suit of the appellants
F
and allowed the counter claim of the respondent No. 1 by
granting a decree· for permanent/mandatory injunction thereby
directing the appellant No.2 to hand over the articles in his
possession to the respondent No. 1 within a period of one
month from the date of delivery of the judgment in the suit.
G
8. Feeling aggrieved by the judgment and decree of the
trial Court, the appellants have filed two appeals before the
High Court of Judicature of Andhra Pradesh at Hyderabad;
which came to be registered as AS. No. 90 and.91 of 2009.
In the said pending appeals, applications for injunction under H
1316 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A Order 39 Rules 1 and 2 read with Section 151 of the CPC
seeking temporary injunction, ·restraining the respondents from
~ '
. interfering in any manner with the functioning of the appellant
No. 2 as Mathadhipathi of the Math, was prayed for. The
appellants also filed a separate application under Order 41
B Rule 5 read with Section 151 of the CPC being ASMP no 286 ......
of 2009 on the same day, seeking stay of the judgment and
decree passed by the trial court during the pendency of the
aforesaid two appeals. By. a common impugned Order dated
25th of March, 2009, the High Court dismissed the applications
c of the appellants and directed that the execution of the decree
granted by the trial_ court would be subject to the final outcome
of the appeals filed before it.

. 9. Feeling aggrieved by this order of the High Court
rejecting the application for injunction and the application for
D stay filed by the appellants, these two Special Leave Petitions
were filed, which on grant of leave, were heard by us in
presence of the learned counsel appearing on behalf of the
_,.,.
parties.

E 10. We have heard the learned counsel for the parties and
examined the impugned order of the High Court as well as the
Judgment of the trial Court, which dismissed the suit of the
appellants in respect of which, appeals are now pending before
the High Court for final adjudication. Before us, Mr. R. F. ...
Nariman, learned senior counsel appearing on beha_lf of the
F
appellants, submitted that since an interim order of status quo
regarding the functioning of the Mathadhipathi of the Math was
operative during the pendency of the suit and triable issues
have to be gone into by the High Court in the first appeals._ it
was fit and proper for the High Court to direct the parties to
G maintain the interim order which was granted by the trial Court
during the pendency of the suit. This submission of the learned
senior counsel for the appellants was hotly contested by Mr. K.K.
Venugopal, learned sentor counsel appearing for the
respondents. According to Mr. Venugopal, since the appellants
H
KASHI MATH SAMSTHAN v. SRIMAD SUDHINDRA 1317.
THIRTHA SWAMY [TARUN CHATTERJEE, J.]
could not make out any prima facie case to get an interim order A
of injunction during the pendency of the appeals, question of ·
continuance of the interim order, which was granted by the trial

..
--(
Court during the pendency of the suit, cannot arise at a,11.

( 11. Having heard the learned senior counsel for the parties
B
and after going through the impugned order and also the
judgment of the trial Court dismissing the suit of the appellants,
we do not find any worthy reason to pass an interim order in
the manner suggested by Mr.R.F.Nariman, learned senior
counsel appearing on behalf of the appellants, in the exercise
of our discretionary power under Article 136 of the Constitution. c
12. A perusal of the Judgment of the trial Court in respect
.,.. i
of which appeals are now pending before the High Court, would
clearly show that the appellant No.2 was entrusted with some
of the religious, dharmic and social activities of Sh.ri Kashi Math D
Samsthan except those of Vyasaram, Haridwar by the
respondent No.1. It would also be evident from the aforesaid
Judgment that the appellant no. 2 himself had requested the
respondent No.1 to relieve him from certain duties. It also
appears from the said Judgment that the whole trouble started, E
when the appellant no. 2 had opened a bank account in his
individual status. It was also the finding in the suit that the
appellant no. 2 except filing Ex P1 to P3, had not filed any other
documents at the time of filing of the suit in order to prove that
he was appointed as Mathadhipati of the Math. Furthermore,

.,
F
the aforesaid Judgment also would not show that the appellant
No. 2 had ever wftispered anything about his claim to the TT
Devasthanams for temple honours. Apart from that, the trial
Court, in its Judgment, had carefully and in detail, considered
the material documents as well as the oral evidence and then
had come to the conclusion that the appellant No. 2 had failed G
to make a prima facie case in his favour for the purpose of
obtaining injunction in his favour. That being the position,
appellant No. 2 was not entitled to any discretionary remedy of
injunction.
H
1318 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R. t

A 13. It is well settled that in order to obtain an order of
injunction, the party who seeks for grant of such injunction has \,,. •
to prove that he has made out a prima facie case to go for trial,
the balance of convenience is also in his favour and he will
suffer irreparable loss and injury if injunction is not granted. But .,
B it is equally well settled that when a party fails to prove prima
facie case to go for trial, question of considering the balance
of convenience or irreparable loss and injury to the party
concerned would not be material at all, that is to say, if that party
fails to proye prima facie case to go for trial, it is not open to·
c the Court to grant injunction in his favour even if, he has made
out a case of balance of convenience being in his favour and
would suffer irreparable loss and injury if no injunction order is
granted. Therefore, keeping this principle in mind, let us now

D
see, whether the appellant has been able to prove prima facie
case to get an order of injunction during th~ penqency of the
two appeals in the High Court.
-
In para 21 of the Judgment of the trial Court, it is found: ,,..

" ....... the words 'certain and 'some' quoted above and
E 'when we are still in a position to carry on with the traditional
duties', prima facie show that the 1st respondent has not
surrendered all his rights, privilege and duties and that the
2nd petitioner has not been made as full fledged
Mathadhipathi. As per the custom prevailing since '":

continuous, vatu initiated into Sanyasa and named as
F
successor, will become Mathadhipathi after the
Mathadhipathi passes away.".

Fro~ the aforesaid finding of the trial Court, it is clear that ,.....
the respondenf No. 1 had not abrogated all his powers as
G Mathadhipathi in favour of the appellant no.2 and he was only
entrusted with certain powers. In para 22 of the Judgment of
the trial Court, it was observed as follows :-

-"The following circu'mstances also go to support the version
H of the 1st respondent. The 2nd petitioner himself has
-f·
KASHI MATH SAMSTHAN v. SRIMAD SUDHINDRA 1319
THIRTHA SWAMY [TARUN CHATTERJEE, J.]
addressed a letter dated 4/11/99 reads as follows: A
,..
'In view of the recent events, we have kindly decided
.not to involve in the matters concerning the authority
of Shri Samshtan (Adhikartha Vishayas) as well as
Dharmic activities (Dharmic Vishayas) of the
B
samaj. Therefore with pranamas, again and again
we pray and request to relive us as early as
possible.'

This prima facie shows that the 2nd petitioner has been
still recognizing the 1st Mathadhipathi, and therefore c
requested him to relieve himself from "certain activities."

A careful reading of the aforesaid findings/observations
~ made in para 22 of the judgment of the trial Court would show
that the letter dated 4th of November, 1999 clearly enumerates D I
the fact that the appellant No. 2 had wanted to be relieved from
certain activities of the Math and he had in fact sought
permission from the respondent no 1 in this regard. Therefore,
-in our view, it was rightly held by the trial Court in the final
Judgment that the appellant No. 2 continued to consider the
respondent No. 1 as the Mathadhipathi of the Math even after
E
the alleged proclamation of 1994.

The trial court again in para 24 had observed:
"
"If all the circumstances are taken into consideration the F
irresistible conclusion that can be drawn at this stage is
that, the 1st respondent has not abdicated alt his powers
and privileges as Mathadhipathi and only some powers
.,_ and privileges have been conferred on 2nd petitioner. In
view of the above discussion, I hold that the 2nd petitioner
G
is not entitled for the injunction orders as claimed by
him." (Emphasis supplied)
~

In view of the aforesaid findings of the trial Court to the
extent that appellant no. 2 was not entitled to the injunction order
as claimed by him, it is difficult to find any illegality or infirmity H
1320 SUPREME C,OURT REPORTS [2009] 15 (ADDL.) S.C.R.
.
~

A with the findings of the trial court, as noted hereinabove, atleast
prima facie in respect of which, the High Court had also .. :'

agreed. We are, therefore, of the view that the powers of the
Mathadhipathi of the Math were not abdicated in favour of the
appellant No.2. It is well settled that such power of the
8 Mathadhipathiship of the Math could devolve to any other
person after the death of the existing Mathadhipathi or anyone
else, who could succeed him as the Mathadhipathi of the Math
according to the customs and traditions of the Math.

14. Mr. Nariman, learned senior counsel appearing on
c behalf of the appellants, as noted herein earlier, submitted that
since the order of status quo was continuing till the C,iisposal of
the suit, that position should be allowed to continue during the
pendency of the appeals in the High Court. It is true· that since ~-
}·

the appeals pending before the High Court are also to be
D decided on facts, basically this position needs to be
maintained by the High Court. But in view of the peculiar facts
and circumstances of the present case and in view of the
nature of rights given to the appellant No.2, as prima facie noted
herein earlier and in view of our discussions made hereinabove
E that the appellant No. 2 had failed to make out any prima facie
case to go for trial, we do not think that such state of affairs
should be allowed to continue till the disposal of the appeals
by the High Court. At this stage, we may note that the Trial -
~

Court, while disposing of the application for injunction, held that
F although the appellant No. 2 was not entitled to an order of
injunction as he had failed to prove that he had a prima facie
case and balance of convenience in his favour but still granted
status quo till the disposal of the suit. The findings made in this
~ ....
regard may be reproduced below :
G "In the result, the petitioners have failed to prove that they
have prima facie case and balance of convenience, ,.
therefore, the 2nd petitioner is not entitled for interim
order as prayed for i.e restraining the respondents from
in any way interfering with the exercise of powers, duties
H
--·
KASHI MATH SAMSTHAN v. SRIMAD SUOHINDRA 1321
THIRTHA SWAMY [TARUN CHATTERJEE, J.]
and privileges of 21st Pontiff of the 1st petitioner Math. A
.. However, from the reasons it is clear that the 2nd petitioner
has been entrusted with holy deities and other
paraphernalia and insignia and it appears that the 2nd
petitioner has been performing Trikala Pooja to the holy
deities. Therefore, the respondents are hereby restrained B
from interfering in performing Trikala Poojas to the Holy
Deities by the 2nd Petitioner. It is further directed that the
· 1st respondent shall not delegate his powers, particularly
the authority to deal with bank accounts and all other
movable and immovable properties of Shri Kashi Math a
Samsthan to any other person i.e. the 1st Respondent
shall himself deal with the funds of Shri Kashi Math
Samshtan 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
0
other documents pending disposal of the suit .... "
(Emphasis supplied)

In view of our discussions made herein earlier and having
carefully considered the above findings of the courts below, as
noted hereinabove, made on the application for injunction, it can E
be safery held that although the trial Court had directed the
parties to maintain status quo in the matter of functioning of the
Mathadhipathi of the Math till the disposal of the suit, but such
order was passed on a finding that the appellant No. 2 had
failed to prove prima facie case to obtain such an order of F.
·status quo. That apart, it is well settled that when parties went
to trial and adduced evidence in support of their respective
cases, it would be open to the court to reach to a different
conclusion at the time of disposal of the suit and grant relief
accordingly. As noted herein earlier, while deciding the suit, the G
trial court held relating to the declaration of title of the
Mathadhipathi that the Respondent no. 1 had never abrogated
his powers as the Mathadhipathi of the Math in favour of the
Appellant no 2 and, therefore, after assessing the evidence and
the submissions of the learned counsel for the , .arties,__have H
1322 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A granted a decree for permanent and mandatory injunction and
directed the appellant No. 2 to restore back the holy deities and
\(,
other materials in his possession relating to the Math in favour
of the respondent No.1. The trial court also after considering
the entire evidence and materials on record in the final judgment
B held that the balance of convenience was in favour of the
respondent no. 1 and that the appellant no 2 had failed to prove
that he succeeded as the Mathadhipathi w.e.f.1994 after the
proclamation by the then Mathadhipathi that is the respondent
No.1 herein. The final findings of the trial court, of course, would ,!a

c be taken into consideration by the High Court in the first appeals l,

but we do not find at this stage to hold prima facie that such
findings can be said to have been vitiated and the judgment of
the trial court needs to be interfered with.

15. That apart, the High Court in the impugned order, as
D well as the trial Court had pointed out that the proclamation,
which the appellant No. 2 had cited in support of his case, is
not clear to the effect that the respondent No. 1 had denounced
all his powers as the Mathadhipathi of the Math in favour of the
appellant No.2. In fact, it was the submission of the respondent
E No. 1 that he had only abrogated some of his powers and not
all and that he still was continuing as the Mathadhipathi of the
Math. A careful perusal of the aforesaid findings of the trial
Court as well as the High Court and also after considering the
submission of the respondent No. 1 that the respondent No .. 1
F had only abrogated some of his powers and not all and that he
was still continuing as the Mathadhipathi of the Math, would
prima facie show that the appellant No. 2 had failed to prove i{-
that he was made the Mathadhipathi of the Math by respondent
No. 1 or respondent No. 1 had relinquished his right of the
G Mathadhipathi of the Math.
•,,
16. In view of the aforesaid finding, it is not necessary for
us to go into the question on title of the Mathadhipathiship of ~

the appellant No. 2 at this stage, which shall be decided in
detail by the High Court while deciding the appeals on merits.
H.-
KASHI MATH SAMSTHAN v. SRIMAD SUDHINDRA 1323
1

THIRTHA SWAMY [TARUN CHATTERJEE, J.]
But we make it clear that the findings made by the trial Court A
in the final Judgment and the High Court on the application for
injunction in the pending appeals are to be treated as prima
facie findings which shall not be taken to be final by the High
Court at the time of disposal of the appeals.
B
17. There is another aspect of this matter. It cannot be
disputed that as per the custom of Sri Samsthan, Mathadhipathi
Seat cannot be relinquished and respondent No. 1 shall
continue to work as the Mathadhipathi of the Math till his demise
.• and after his demise, the Shishya or the nominated successor
of the respondent No.1 would assume the office of the C
Mathadhipathi. Further, it can not be said from the evidence on
record that the appellant No. 2 on the basis of the proclamation
dated 12th of December, 1994 was actually the Mathadhipathi
as claimed by him atleast prima facie which could permit the
appellant No.1 to obtain the order of injunction from the court. D
At the same time, we should be reminded that the appellant
No. 2 had himself written a letter dated 4th of November, 1999
requesting the respondent No. 2 to relieve from the activities
of the Math. It would also appear from the letter that the
appellant No. 2 had addressed the respondent No. 1 as the E
Mathadhipathi of the Math. The finding arrived at by the trial
Court as well as by the High Court to the effect that the seat of
Mathadhipathi can be transferred to the successor of the
existing Mathadhipathi only after his death and not before,
which is apparent from the customs and traditions of the Math, •F
it is difficult to accept at least prima facie the case that the
respondent No. 1 had relinquished the seat of Mathadhipathi
in favour of the appellant No. 2 and such seat could be
assumed by the appellant No. 2 before the death of the existing
Mathadhipathi i.e. the respondent No. 1 or by any deed G
executed by the respondent No.1 relinquishing as the
Mathadhipathi of the Math.

18. That being the position, we are in full agreement with
the views expressed by the High Court as well as by the trial
H
1324 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.

A Court that the succession to the position of the Mathadhipathi
can only be done after the death of the existing Mathadhipathi ~

and not before it. That apart, as noted herein earlier, a perusal
of the proclamation dated 12th of December, 1994 would not
conclusively suggest that the respondent No. 1 had abdicated
B all his powers as Mathadhipathi of the Math in favour of the
appellant No. 1. In view of our discussions made hereinabove
and in view of the admitted fact that all the Courts below,
starting from the trial Court, while granting status quo during the
pendency of the suit i.e. dated 29th of September, 2000 and
also the Judgment passed by the IV Additional District Judge,
c Tirupati, in the suit, which is now under challenge in appeals
and also the impugned Judgment of the High Court, had noted
that the appellant No.2 failed to make out a prima facie ca.se
in his favour and the balance of convenience was also against
him. Accordingly, we do not find any reason to interfere with
D
the order of the High Court in the exercise of our discretionary
power under Article 136 of the Constitution.

19. For the reasons aforesaid, the appeals are dismissed.
We, however, make it clear that whatever observations/findings
E that have been made by us in this Judgment or th,e
observations/findings which were made by the High Court while
dectding the interlocutory applications in the/pending appeals,
would not mean to prejudice the case of the appellants in the
pending appeals before the High Court. The High Court should .·
F independently decide the appeals on merits without being
influenced by any observations/findings made in this Judgment
or even in the Judgment of the High Court in the applications
for injunction.
..
20. Considering the facts and circumstances of the case,
G the High Court is requested to dispose of the pending appeals
at the earliest preferably within six months from the date of
supply of a copy of this order to it. There will be no order as to
costs.

H K.K.T. Appeasl dismissed.