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Showing contexts for: Math will property in Murthy Raghava Trinadha Rao And Ors. vs Commissioner Of Endowments, ... on 21 October, 2005Matching Fragments
8. There are some interveners also, being represented by senior Counsel Mr. V.L.N.G.K. Murthy, who reiterated the case of respondents No. 1 to 4.
9. In the light of these pleadings, the only question to be answered is, whether the present Mathadhipathi has been appointed legally to the Math, and if his appointment is defective, what directions this Court can give. The admitted case of the parties is that the Math was established by Sri Sri Sri Dakshinamurthy Paramahansa Swamiji, after donating his own properties. He created the Math and declared in his Will that the head of the Math shall nominate his successor. He himself nominated a person to be the head of the Math after his death. The founder died in 1956 and his successor continued to head the Math upto 1995. In 1995, the next head of the Math passed away, but he did not nominate his successor. Thereafter, a Trust was created, which included the heirs of the original founder and they nominated the Peethadhipathi of 'Siddeshwari Peetham, Mouna Swami Math, Courtallam, Tamilnadu', Sri Sri Sri Siva Chidananda Bhati, as head of the temple, who accepted the same by his letter dated 23.6.1998. Sri Sri Sri Siva Chidananda Bhati also died in the year 2003. The contention of respondents is that Sri Sri Sri Siva Chidananda Bhati was appointed as head of the Math in the year 1998 and there was no grievance of any kind by the petitioners and said Swami had nominated the 3rd respondent as Mathadhipathi in his Will. Therefore, the appointment of Mathadhipathi is in accordance with the Will of the founder. Since the third Mathadhipathi could not be appointed according to the Will of the founder, as the 2nd Mathadhipathi failed to nominate his successor, grievance if any, to the petitioners, could have been made at the time of appointment of third Mathadhipathi. The 3rd Mathadhipathi managed the affairs of the Math for five years and before his death, he nominated his successor.