INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS MUMBAI HAVING ITS BRANCH OFFICE AT HARE KRISHNA HILL CHORD ROAD RAJAJINAGAR BANGALORE Vs. INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS BANGALORE REP BY ITS ALLEGED SECRETARY

JUDGEMENT

(1.) THIS Regular First Appeal is directed against the Judgment and Decree dated 17.4.2009 in O.S.No.7934/2001 passed by the learned IX Addl. City Civil and Sessions Judge, Bangalore decreeing the suit of the plaintiff for declaration of title and injunction and dismissing the counter claim of defendants for decree of permanent injunction.

(2.) APPELLANTS are defendants 1 to 4, first respondent is the plaintiff and respondents 2 to 8 are defendants 5 to 11 before the Trial Court. In this judgment, for convenience, the parties are referred to as per their status before the Trial Court. Wherever there is underlining, it is ours.

(3.) PLAINTIFF is a society registered under the Karnataka Societies Registration Act at Bangalore in the year 1978. it is self-made, self-developed and self-supported one by raising funds from the public in the State of Karnataka and has built up its corpus and achieved development. The PLAINTIFF society got allotted item No. 1 of the plant "A" schedule property from the Bangalore Development Authority (for short "BDA") under a Deed of Conveyance dated 03.08.1988. PLAINTIFF society, by raising funds from the devotees, constructed a temple and cultural complex on item No.1 of plaint "A" schedule property called as "Harekrishna Hills". Item No.2 of plaint "A" schedule property is the office and residential premises of plaintiff society situate at Mysore. Plaint "B" schedule properties are movables such as plaques, jewellery, utensils made of silver and gold and some studded with diamonds, electrical installations, vessels, pots etc. plaint "C" schedule properties are the bank accounts of the plaintiff society at Bangalore and Mysore. The accounts of plaintiff society are being audited regularly every year. The plaintiff society is engaged in religious, cultural and social activities.