-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.236 OF 2000 IN FIRST APPEAL NO.166 OF 1983 Vidya Umapati Vasudeo Vyas, (since deceased through legal heirs) .. .. Appellant Vs The board of Management, Shri Swami Jagadguru Shankaracharya Peeth Karveer and ors. .. .. Respondents. Mr C.U.Singh, Sr.Advocate with Mr S. Venkiteshwaran, Sr.Advocate, with Ms Priya with Mr Abhimanyu Singh, Mr Ranjeet Singh, for the Appellant. Mr P.S.Dani, for respondent no.1. Mr Sameer Tendulkar, for Respondent No.2A. Ms S.P.Manchekar, AGP, for repsondent no.3. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATE : 25/09/2008 DATE : 25/09/2008 DATE : 25/09/2008 PC: PC: PC: 1. We have heard this Appeal at length and during the course of arguments and as was noted in our order dated 11.8.2008, the respondent no.2 relinquished himself as a sole trustee - Shankaracharya of Karveer Peeth some times in the year 2003 and nominated respondent no.2-A, i.e. -2- Shri Vidya Narsiha Bharati as the sole trustee and Shankaracharya of the said Peeth and consequently the respondent no.2A became the sole trustee with effect from 2.5.2004. In the written submissions made on behalf of the respondent no.2A that he has undertaken the requisite rituals for renouncing the married life, it was submitted by Shri Venkiteswaran, the learned Senior Advocate, that if the Shankaracharya of any of the four Maths/Peeths declares/opines the respondent no.2A as the fit person for being continued as Sahanakracharya of Karveer Peeth, the appellant would be bound by such an opinion and the appeal would stand disposed off. However,if the respondent no.2A does not receive the approval of Shri Shankaracharya of any of these four Peeths, Shri Shankaracharya may be requested to suggest a panel of three persons or name any one person for being nominated as the Shankaracharya of Karveer Peeth in place of the respondent no.2A and these names or the name will be placed before the Charity commissioner for passing an appropriate order to nominate him as the sole trustee of Karveer Peeth and such an appointment/nomination will be accepted by all the parties including the Governing council/Board of Trustees. We must also note that the Governing Council/the Board of Trustees has also declared before us that if the respondent no.2A is found to be the fit person to be continued as the Shankaracharya of Karveer Peeth, the -3- Governing Council will be bound by such an order and the respondent no.2A will be continued as such. 2. We, therefore, grant liberty to the Governing Council as well as the respondent no.2A to approach the Shankaracharya of Shrungeri Peeth (which is the main Peeth in south India) and place before him a copy of this order so as to seek his holy approval for the continuation of the respondent no.2A being the fit person as the Shankaracharya of Karveer Peeth or in the alternative to suggest any name or names for being nominated as the Shankaracharya of Karveer Peeth in place of the respondent no.2A. If the Shankaracharya of Shrungeri peeth nominates any other person or persons the same name or names shall be communicated to the Charity Commissioner by the Governing Council/the Board of Trustees/Karveer Peeth, to the Charity Commissioner, who in turn will confirm such nomination by appointing him under the scheme as the Shankaracharya of Karveer Peeth by following the due process of law and as expeditiously as possible and preferably within two months on receipt of the communication from the Governing Council. Undoubtedly, if the respondent no.2A is found to be the fit person for continuation by the Shankaracharya of Shrungeri, he would continue as the Shankaracharya of Karveer Peeth on the basis of his original nomination. -4- 3. The Governing Council and/or the respondent no.2-A will approach the Shankaracharya of Shrungeri within eight weeks from today. 4. The Appeal is disposed off in terms of the above order by consent of all the parties. . Certified copy expedited. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)