- (1.) THESE two writ petitions are filed against the order dated 3-1-2005 in O. S. No. 7934/2001 passed by the City Civil Judge, bangalore, partly allowing I. A. No. 20 filed under Order 8, Rule 6-C, CPC and partly rejecting the same.
(2.) THE petitioners in W. P. No. 13748/2005 are plaintiffs and the petitioners in W. P. No. 12106/05 are the defendants. For the sake of convenience, parties are referred to as per their status before the Trial Court.
(3.) PLAINTIFFS filed O. S. No. 7934/2001 against the Defendants for declaration and permanent injunction. The defendants filed written statement denying the claim of plaintiff and also made a counter-claim. The counter-claim of defendant in O. S. No. 7934/ 2001 reads as under : 1. For Permanent injunction restraining the plaintiff, its office bearers, agents, workmen and any person claiming under or through it from interfering with the first defendant's possession, management and control of : (i) its Bangalore Branch and Sri radhakrishnan Temple, both situated at Hare krishna Hill, 1st R Block. Rajajinagar. Ban-galore-560010, (ii) of the Properties described in schedules A TO C, document No. 4 and other annexures to the plaint, (iii) every other property, whether movable or immovable, tangible or intangible, corporeal or incorporeal, claimed by the plaintiff in any form and in any forum under any context whatsoever including by alleging acquisition from the date of its alleged incorporation, whether in existence at the date of filing of the suit or acquired thereafter in it's alleged name or in any other name, (iv) all trusts, organizations, programes, projects and the like attached to, or operating from the premises of, Sri Radakrishna Temple, hare Krishna Hill, Rajajinagar, Bangalore-560 010. and Sri Krishna Balarama Temple at Mysore as well the properties thereof, and (v) any branch, property and the like that are alleged by the plaintiff to be existing in the State of Karnataka or elsewhere in India or claimed by it as belonging to it. ;