( 1 ) AS the questions that arise for determination in these cases between the same parties are either common or interconnected, we propose to dispose of them by a common. order.

( 2 ) ONE Dr. T. M. A. Pai of Dakshina kannada District, a Medical Practitioner by profession but a great humanist and educationist with a passion for social service started a society called "academy of General Education Udipi" (Academy) in 1942, with the "main object to establish and maintain educational institutions of different types and then help the educational and cultural advancement of the Country" and with this object in view started several vocational centres and a Second Grade College at Udipi. The Academy was purely an educational organisation to help the Government and the Country in carrying on the important task of nation building. The academy was considerably agitated over the problem of medical education in the country and as the number of Medical colleges in the Country then was insufficient to meet the growing demand for medical education resulting in hundreds of aspiring youth-man and women, being denied admission to the medical institutions while the Country was in need of more and more trained Doctors, the Academy decided to start a Medical college at Udipi called the Kasturba medical College and applied to the then government of Bombay to affiliate the college to Karnataka University in the year 1951. The Academy requested the then Government of Madras for financial aid, grant of land and for permission to use the Government Hospitals at Mangalore and Udipi for clinical training of the students of the proposed College. The then Government of Madras accorded permission for the use of the Wenlock hospital and Lady Goschen Hospital at mangalore for the clinical training of the students of the proposed College at udipi. The Academy also created a separata Trust called "the Kasturba medical College Trust" for managing the Kasturba Medical College, Udipi. After some correspondence and on the academy accepting certain conditions, the Government of the then State of bombay sanctioned the affiliation of the kasturba Medical College, Manipal, ts be started at Udipi by the Academy, to the Karnataka University by its order dated 18-6-1953 In the K. M. C. Manipal, facilities for pre-clinical portion of the medical education was provided and the facilities for clinical portion of the medical education was provided in the two Government Hospitals at Mangalore.

( 3 ) BY about the year 1977, the academy built a Hospital attached to the k. M. C. Manipal and provided clinical facilities at Manipal to the students of k. M C. Manipal. At about the same time the Academy made arrangements for providing pre-clinical facilities at mangalore, also named the institution, kasturba Medical College, Mangalore, and wanted the clinical facilities for the students ok K. M. C. Mangalore at the government Hospitals at Mangalore. Ever since the K. M. C. Mangalore came into existence disputes have arisen almost every year about the K. M. C. Mangalore availing the clinical facilities in the Government Hospitals at Mangalore but they have been resolved on an ad-hoc basis by the interim orders made by this Court in petitions filed by the k. M. C. Mangalore and others. A detailed reference to the disputes for all the years, except for the academic year 1985- 86 is not very necessary for deciding the controversies in these cases. But before that it is however necessary and useful to trace another development.

( 4 ) DR. T. M. A. Pai the founder of the Academy died on 29-5-1979. Under a Deed of Trust dated 17-2-1981 one of his sons T. Ashok Pai and one H. V. Kamath created a Trust called "dr. T. M. A. Pai Foundation" (Foundation ). One of the avowed objects of the Foundation is to start and promote the advancement of educational activities for the benefit of students speaking 'konkani' language, promote the Konkani Language and the culture of Konkani speaking