Justice R Subbiah, before whom the appeal came up, ordered notice to all the accused, including the 80-year old Jayendra Saraswathi, on maintainability of the plea, and adjourned the matter for hearing after two weeks.
The appeal challenged the April 29 last order of First Additional Sessions Judge P Rajamanickam.
According to the prosecution, S Radhakrishnan, former auditor of the Sankara Mutt, was assaulted by a gang in his home here on September 20, 2002, following a conspiracy hatched by the accused, assuming that he was writing letters in the pseudo name of Somasekhara Ganapadigal highlighting “irregularities” in the mutt.
It had contended the attack was a consequence of Jayendra Saraswathi expressing frustration over such letters and asking mutt manager Sundaresa Iyer and Raghu, brother of his junior, Vijayendra Saraswathi, to do something about it. A case was registered against 12 persons, but two of the accused died during the pendency of the case, while Ravi Subramaniam turned approver. However, during the trial, he was declared a hostile witness.