Supreme Court · 1963 INSC 78 · Decided 29 March 1963
Madamanchi Ramappa & ANR. v. Muthalur Bojjappa
- Court
- Supreme Court of India
- Citation
- 1963 INSC 78 · [1964] 2 S.C.R. 673
- Case number
- CIVIL APPEAL No. 376/1961
- Decided
- 29 March 1963
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, K.C. DAS GUPTA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Constitution Article 133(3)
Headnote
SUPREME COURT REPORTS 673 alternative basis, the plea of res judicata may be upheld; but an occasion will clearly arise for either clarifying the scheme or redically changing it so as to make the other worshippers eligible for appoint­ ment as Trustees. In the result, we reject all the because we have held that the scheme framed in 1927 should be left as it is with the modifications which we have indicated in our judgment. Therefore, the order of remand passed by the High Court is reversed and the respondents' claim for a modified scheme allowed. The appeal is di,missed
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