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2006 Supreme(Kar) 991

N.KUMAR
GABRIEL BHASKARAPPA KURI – Appellant
Versus
UNITED BASEL MISSION CHURCH IN INDIA TRUST ASSOCIATION, GADAG – Respondent


Advocates:
Sri V.P. Kulkarni,Sri M.C. Pyati,Sri T.Y. Katwa

JUDGMENT

This is a defendants' miscellaneous second appeal challenging the order of the lower Appellate Court which- has set aside the judgment and decree of the Trial Court only on the ground that as it has allowed the applications filed by the parties for production of additional evidence and consequently remanding the case to the Trial Court to decide the case afresh in the light of the said additional evidence.

2. The plaintiff-The United Basel Mission Church filed a suit for permanent injunction on 12-10-1990 on the ground that the defendants are interfering in the administration and management of the Church and Community Hall situated in Gadag-Betageri and for costs. Defendants contested the matter. The Trial Court framed as many as 7 issues. Both the parties adduced documentary and oral evidence. On consideration of the aforesaid material on record, the Trial Court decreed the suit of the plaintiff and restrained the defendants, their men, servants from obstructing or interfering in the administration and management of the suit properties of the Church. Aggrieved by the said judgment and decree, defendants numbering about 10 preferred Regular Appeal No. 58 of 1994. In the sa

































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