LAWS(KAR)-2009-9-14

INTERNATIONAL SOCIETY FOR KRISHNA CONSTRUCTIONS Vs. SECRETARY INTERNATIONAL SOCIETY FOR KRISHNA CONSTRUCTIONS

Decided On September 15, 2009
International Society For Krishna Constructions Appellant
V/S
Secretary International Society For Krishna Constructions Respondents

JUDGEMENT

(1.) THE prayer made in this application by respondent No. 1 in the appeal is that Hon'ble Mr. Justice K.L. Manjunath rescue himself from the Bench hearing the appeal in the interest of justice and good conscience.

(2.) BEFORE considering the said prayer, it is necessary to set out the factual matrix leading up to the filing of the said application.

(3.) THIS appeal is filed by defendant Nos. 1 to 4 challenging the Judgment and Decree dated 17.4.2009 passed in O.S. No. 7924/2001 by the IX Addl. City Civil and Sessions Judge, Bangalore. The said suit was instituted by the plaintiff/respondent No. 1 herein against defendant/appellants for a declaration that the Executive Committee of Bureau of the first appellant/Society had no bar or authority to remove the President or any Office Bearers of the respondent No. 1 and its temples or to exercise control over the possession of the property by the respondent No. 1 or administrative affairs of the respondent No. 1; declaration that plaintiff is the absolute owner of item No. 1 of 'A', 'B' and 'C' schedule properties as an independent legal entity and for permanent injunction to the 10th and 11th respondent to discharge and exercise the statutory and regulatory powers and duties vested in them. The said suit was decreed in part. Being aggrieved by the said Judgment and Decree, defendant Nos. 1 to 4 have preferred this appeal.