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2011 Supreme(Kar) 649

N.KUMAR, A.N.VENUGOPALA GOWDA
Christopher Karkada, Bangalore – Appellant
Versus
Church of South India, rep. by its Modarator Rt. Rev. K. G. Samuel – Respondent


Advocates Appeared:
For the Appellants:Udaya Holla, Senior Counsel for Sannath Kumar Shetty, Advocate.
For the Respondents:S. Vijayakumar, Senior Advocate & V. Tarakaram, Senior Advocate for M/s. Tarakaram Associates, G. S. Vishweshwaraiah, Senior Advocate, S.P. Kulkarni, Advocate, K.M. Nataraj, Advocates.

Judgment :

1. The appellants-plaintiffs have preferred this Regular First Appeal challenging the judgment and decree of the trial Court dismissing their suit. Respondents 1 to 3 have also preferred a Cross Objection challenging the finding of the trial Court on issue Nos.12, 21, 23 and additional issue No.6.

2. The suit file under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the properties of the United Basel Mission Church in India, South Kanara and Coorg, in respect of the plaint A, B, C, D and E Schedule properties and for other consequential reliefs. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

PLEADING

3. The case of the plaintiffs is as under:-

The United Basel Mission Church in India of district of South Kanara and Coorg, for short, hereinafter referred to as ‘UBMC’, is fully evolved evangelical Protestant Christian Church. It is an autonomous administrative unit, independent of all external control and is governed by its own constitution known as “The Constitution of the United Basel Mission Church in India.” The said Constitution is in two parts. The first part



















































































































































































































































































































































































































































































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