ORDER :

1. This petition is by the plaintiff in O.S.No. 542/2020 on the file of the II Additional Civil Judge and JMFC, Mangaluru, Dakshina Kannada (for short, 'the civil Court'). The civil Court by its order dated 12.01.2021 has allowed the petitioner's application (I.A. No. II) under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short, 'CPC') for temporary injunction directing the petitioner and the respondent to maintain status quo as regards the possession of the suit schedule property viz., the land measuring 14.75 cents in R.S.No. 132 (T.S.No. 421-P1) of Kadri A Village, Mangaluru Taluk within the Mangalore City Corporation (the subject property). However, in the respondent's appeal in M.A.No. 15/2021 on the file of the III Additional Senior Civil Judge and JMFC, Mangaluru, Dakshina Kannada (for short, 'the appellate Court'), the civil Court's order dated 12.01.2021 is set aside and resultantly, the petitioner's application is rejected. As such, the petitioner has impugned the appellate Court's order dated 26.08.2022.

2. The petitioner's case is that M/s Rosario Cathedral Church is the superior owner (wargadar) of the subject property, and Mr. Ebenezer Perla and his brother were in possession of the subject property as the mulgenidars, but Mr. Ebenezer Perla acquired exclusive mulgeni rights to the subject property under registered deed dated 08.10.1906 executed by his brother. Mr. Ebenezer Perla under the sale deed dated 27.08.1907 (Annexure-B) has transferred such mulgeni rights to M/s Evangelical Mission Society in Basel [M/s Basel Mission].

3. The petitioner has referred to M/s Basel Mission's different declarations of trusts for the management of the subject property [and other properties] and incorporation of a company under the provisions of the Companies Act, 1956. The petitioner has elaborately referred to [a] the declarations of trust in the year 1932-34, [b] revocation of these declarations and subsequent declarations of trusts in the year 1957 and the declarations in 1972, and [c] the interest of M/s United Basel Mission Church Canara and Coorg [M/s UBMC] and M/s United Basel Mission Church In India Trust Association [M/s UBMCITA] in the subject property. M/s. UBMC and M/s UBMCITA are referred to the trust and the company incorporated for management of the subject property.

4. The petitioner has next referred to the proceedings in OS No. 221/1961 and OS No. 7/1991. The petitioner contends that the suit in OS No. 221/1961 is about the validity of the resolution to merge M/s UBMC with the petitioner, and the question of title to the subject property is not examined in this suit. The suit in OS No. 7/1991 is under the provisions of section 92 of CPC. The judgment and decree in OS No. 7/1991 is revisited in RFA No. 280/2001, and the judgment in this appeal is pending consideration before the Hon'ble Supreme Court in SLP No. 13670/2012 [and with the leave being granted, this petition is pending consideration in CA No 4813/2017]. It is undisputed that the Hon'ble Supreme Court has granted an order of status quo in these proceedings.

5. The petitioner has contended that in the year 1959, M/s UBMCITA (1) inducted Mr. Sarvothama Amanna in the building in the subject property as a tenant subject to payment of Rs.18.00 as monthly rent and Rs.10.00 as annual rent. On the demise of Mr. Sarvothama Amanna, his wife, Mrs. Edith Amanna, continued in possession of the property, and with the petitioner acquiring the mulgeni rights to the subject property because of the merger of M/s UBMC (2), Mrs. Edith Amann