GENESIS OF THE CASE

1. International Society for Krishna Consciousness, Bangalore (for short hereinafter referred to as 'ISKCON, Bangalore'), a Society registered under the Karnataka Societies Registration Act, 1960 filed a suit against ISKCON Bombay and others, in O.S.No.7924/2001 on the file of the IX Additional City Civil and Sessions Judge, Bangalore, for a declaration that ISKCON, Bangalore is the absolute owner of Item No.1 of A, B & C Schedule properties, as an independent legal entity and for a decree of permanent injunction and for other consequential reliefs. After contest, the suit was decreed in part. Defendants 1 to 4 preferred R.F.A. No.421/2009 before this Court on 20.04.2009 challenging the said judgment and decree. ISKCON, Bangalore, the 1st respondent had entered caveat. The matter was listed before a Division Bench of this Court consisting of Hon’ble Mr. Justice K. Sreedhar Rao and Hon’ble Mr. Justice B. Sreenivase Gowda, on 22.04.2009 for orders on the office objection regarding valuation and deposit of Court fee to be made good. The order sheet discloses that the Court accepted the submission of the learned counsel for the appellants in respect of Court f