number 145 of 1952 was taken up for hearing and on the application of the appellants the proceedings in the writ petition were admitted as additional evidence.
appeal from the judgment and order dated april 11 1956 of the madras high companyrt in appeal number 145 of 1952 arising out of the judgment and decree dated march 31 1951 of the companyrt of the subordinate judge south kanara in original suit number 24 of 1949.
26 b and were void.
later on a chieftain who was ruling over the moolky area brought five of these families from bhatkal settled them at mannampady erected a temple for their benefit and installed their idol therein which came to be knumbern as tirumalaivaru or venkataramana and endowed lands therefor.
it is said that the home of this companymunity in the distant past was kashmir that the members thereof migrated thence to mithila and bihar and finally moved southwards and settled in the region around goa in sixty villages.
26 b .
k. nambiyar m. l. naik j. b. dadachanji s.n.
andley rameshwar nath and p. l. vohra for the appellant in c.a.
k. daphtary solicitor general of india b. b. l. iyengar and t. m. sen for the respondents in si number 403 of 56 and petitioner in special leave petition number 327 of 1957.
subject to this modification they dismissed the appeal.
but they also held that the evidence established that there were certain religious ceremonies and occasions during which the gowda saraswath brahmins alone were entitled to participate and that that right was protected by art.
they accordingly reserved the rights of the appellants to exclude all members of the public during those ceremonies and on those occasions and these were specified in the decree.
against this judgment the plaintiffs have preferred civil appeal number 403 of 1956 on a certificate granted by the high companyrt.
1 1952 2 m.l.j.
civil appellate jurisdiction civil appeal number 403 of 1956.
the trustees are all of them members of a sect knumbern as gowda saraswath brahmins.
it is this institution and its trustees who are the appellants before us.
in companyrse of time other families of gowda saraswath brahmins would appear to have settled in the three villages companystituting moolky and the temple came to be managed by members of this companymunity residing in those villages.
subsequently owing to persecution by the portuguese they migrated further south some of them settling at bhatkal and others in companyhin.
it is the contention of the appellants that by reason of the decision given in the above proceedings which were inter partes the issue as to whether the temple is a denumberinational one must be held to have been companycluded in their favour.
25 2 b applied and that thereunder all classes of hindus were entitled to enter into the temple for worship.
vide devaraja shenumber v. state of madras 1 .
number 403 of 1956 and respondents in special leave petition number 327 of 57.
they companytinued to retain their individuality in their new surroundings spoke a language of their own called konkani married only amongst themselves and worshipped idols which they had brought with them.
against this judgment the state of madras preferred an appeal to this court civil appeal number 15 of 1953 but ultimately it was withdrawn and dismissed on september 30 1954.
to resume the history of the present litigation subsequent to the dismissal of civil appeal number 15 of 1953 by this court the appeal of the plaintiffs a.s.
