JUDGMENT :

This is a plaintiffs’ appeal. The present appellants as plaintiffs had instituted a suit in O.S.No.2374/2012, in the Court of the XIV Additional City Civil Judge at Bengaluru (hereinafter for brevity referred to as "the Trial Court"). against defendants seeking the relief of permanent injunction restraining the defendants, their members, agents, servants, henchmen and any other persons claiming under them from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule property in any manner whatsoever.

2. The summary of the case of the plaintiffs in the trial Court was that, Army Welfare Housing Organisation, New Delhi (hereinafter for brevity referred to as ‘AWHO’) was formed and registered as a Society under Societies Registration Act, 1860 before the Registrar of Societies, New Delhi. Its aims and objectives inter-alia included procuring, developing and providing dwelling units of flats to serving and retired personnel of Army and every Defence Sector who are its member registrants. In pursuance of its aims and objectives AWHO framed Army Welfare Housing Organisation Rules, 1987. In furtherance of its objectives, the AWHO approached Bengaluru Development Authority (hereinafter for brevity referred to as ‘BDA’) for allotment of land in Bengaluru City for construction of flats/houses for its member registrants. Accordingly, BDA has allotted lands in Sy.No.24/2, 25, 34/1, 34/3, 35/1, 35/2, 35/3, 36/1 and 36/2 situated in Kacharakanahalli village, Bengaluru North Taluk, Bengaluru totally measuring to an extent of 14 acres 22 guntas, in favour of the AWHO, by executing an Agreement dated 28.09.1985. The Possession Certificate with regard to these lands was issued by BDA on 20.03.1986 on Lease cum Sale Agreement for a period of thirty (30) years.

Further, upon receipt of entire cost of land purchased and after fulfilling all formalities in that regard for formation of layouts in the aforesaid lands, an absolute Sale Deed dated 18.11.1992 came to be registered by BDA in favour of AWHO. Thus, the AWHO became the absolute owner, lawfully ceased and possessed the above lands by forming plots for construction of residential buildings and further constructed apartment blocks consisting of various types of flats for its member registrants. The said residential complex of AWHO is also known as 'Sena Vihar Complex'.

3. It is further contended by the plaintiffs that the member registrants/owners of apartments and independent plots/houses having purchased the same from AWHO in Sena Vihar Complex, initially formed Sena Vihar Housing Co-operative Society Ltd., registered under Karnataka Co-operative Societies Act, 1959 on 20.05.1994. The same was later converted into Sena Vihar Owners Welfare Association (Regd.,) which is the first plaintiff, under the Karnataka Societies Registration Act, 1960, to administer, maintain and manage the Sena Vihar Complex promoted by AWHO.

The bylaws were framed by erstwhile Sena Vihar Housing Co-operative Society Ltd., According to the bylaw, all the common areas and facilities jointly owned by all the 435 owners shall be managed, administered and maintained by the Society on behalf of all the owners. Further a Relinquishment Deed dated 18.04.1994 came to be executed by AWHO in favour of BDA by relinquishing only the internal roads, culverts and drains parallel to the roads mentioned in the schedule to the Relinquishment Deed. However, the remaining land situated in Sena Vihar Housing Complex i.e., schedule property of Sale Deed made in favour of AWHO, still jointly owned by all members of the first plaintiff.

4. The plaintiffs have further stated that there is a Muneshwaraswamy Temple situated at the entrance of the Sena Vihar Residential Complex near the Western Gate, which is under the maintenance and administration of the first plaintiff and its predecessor Society and