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2007 Supreme(Kar) 291

H.N.NAGAMOHAN DAS
INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS (ISKCON), MUMBAI – Appellant
Versus
INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS (ISKCON), BANGALORE – Respondent


Advocates:
Advocate Appeared
Sri CG. Gopalaswamy, Advocate for Petitioner in W. P. No. 12106 of 2005 and Respondent in W.P. No. 13748 of 2005;
Sri S.K V. Chalapathy, Senior Counsel for Petitioner in W.P. No. 13748 of 2005 and Respondent in W.P. No. 12106 of 2005.

ORDER

These two writ petitions are filed against the order dated 3-1-2005 in O.S. No. 7934 of 2001 passed by the City Civil Judge, Bangalore, partly allowing I.A. No. 20 filed under Order 8, Rule 6-C of the CPC and partly rejecting the same.

2. The petitioner's in W.P. No. 13748 of 2005 are plaintiff's and the petitioner's in W.P. No. 12106 of 2005 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 of 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 of 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, Bangalore-560 010;

(ii) of the Properties described in Schedules A to C, document No.4 and other annexures to the plain























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