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2011 Supreme(Kar) 303

ARALI NAGARAJ, H.N.NAGAMOHAN DAS
International Society for Krishna Consciousness, Mumbai having its Branch Office at Hare Krishna Hill Chord Road, Rajajinagar, Bangalore – Appellant
Versus
International Society for Krishna Consciousness, Bangalore rep by its alleged Secretary – Respondent


Advocates Appeared:
For the Appellants:Udaya Holla, Sr. Advocate, for M/s. Lex Nexus & K Shashikiran Shetty, D R Ravishankar, Advocates.
For the Respondents:S.K.V. Chalapathy, Sr. Advocate. Mathai Paikadey, Sr. Advocate for Saiju Abrham Vergis for M/s. V Renjith Shankar Associates, Advocates for R-1, Amarnath Sinha, Advocate for R-6, K S Mallikarjunaiah, GP for R-7 to 8, R-2 to 5 SD.

Judgment :-

1. This Regular First Appeal is directed against the Judgment and Decree dated 17.4.2009 in O.S.No.7934/2001 passed by the learned IX Addl. City Civil and Sessions Judge, Bangalore decreeing the suit of the plaintiff for declaration of title and injunction and dismissing the counter claim of defendants for decree of permanent injunction.

2. Appellants are defendants 1 to 4, first respondent is the plaintiff and respondents 2 to 8 are defendants 5 to 11 before the Trial Court. In this judgment, for convenience, the parties are referred to as per their status before the Trial Court. Wherever there is underlining, it is ours.

3. It is the case of plaintiff that Srila Prabhupada, a disciple of Chaitanya Mahaprabhu preached, propogated and spread the philosophy of Krishna Consciousness all over the world. From 1966 and onwards, Srila Prabhupada started a movement under the name and style “International Society for Krishna Consciousness” (ISKCON) in New York. Within a short span of time the said movement spread all over the world and, as on the date of filing the suit, there were 400 centres of ISKCON. Each ISKCON centre is a temple and presided over by the temple President.





















































































































































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