J U D G M E N T

1. Heard the learned counsel for the appellant and the learned counsel for the respondents.

2. This appeal is filed challenging the dismissal of the application i.e., I.A.No.2 filed in O.S.No.8268/2022 under Order 39 Rule 1 and 2 R/w Section 151 of CPC praying for grant of interim order of temporary injunction restraining the defendants, their heirs, henchmen, representatives or any persons claiming under them from interfering with the day today affairs of the Church and Church proceedings in the suit schedule property in any manner till pending disposal of the suit.

3. The factual matrix of case of the plaintiff before the Trial Court while seeking the relief of permanent injunction, it is contended that the plaintiff is registered Trust in the name and style of Hope Evangelical Lutheran Church Trust having its address as No.260/72, Mission compound, Doddanna Nagar, Kaval Byrasandra, R.T.Nagar Post, Bengaluru vide Trust deed dated 12.09.2008 and the same was registered in the office of Sub-Registrar, Hebbal, Bengaluru. The plaintiff also relied upon the rectification deed of the said Trust dated 28.03.2011. The plaintiff Trust is represented by its President Kennedy. The Trustee of the plaintiff Trust has appointed the President Mr.Kennedy to authorize to file the above case to safeguard the interest of the plaintiff Trust. It is contended that the property bearing Sy.No.27/3, presently Sy.No.260/72 which is referred above, measuring East by 125 feet, West by 151 feet, North by 280 feet and South by 272 feet totally measuring 38088 square feet, consisting of Church building, old school building and new school building which is morefully described in the schedule. The khata is standing in the name of the plaintiff Trust. The plaintiff Trust is looking after day today affairs of the Church and school. The plaintiff Trust has conducted various programmes such as marriage, prayers in the Church. The plaintiff Trust has appointed Pastor and conducting prayers in the Church. The plaintiff Trust has been paying to the Pastor and workers in the said Church. The records are also maintained to that effect. The plaintiff is a private Trust and not associated with anybody and or any Trust.

4. It is contended that when such being the case, the defendants who are utter strangers to the schedule property are illegally trying to interfere with the day to day affairs of the schedule property and Church activities on 18.12.2022. The plaintiff has resisted the illegal acts of the defendants with the intervention of well wishers, elders and friends. There is a threat and complaint was lodged and the Police have advised the plaintiff to approach the civil Court as the matter is civil in nature. Hence, the plaintiff has filed the suit and sought the interim relief on the ground that the defendants are very powerful persons in the area and they have got men and money at their back and also having assistance of the antisocial elements and the same is repeated in the affidavit filed in support of the application filed under Order 39 Rule 1 and 2 of CPC.

5. In pursuance of suit summons, the defendants have appeared and filed a memo stating to adopt the written statement filed by the defendant No.3 as objections to I.A.No.2. In the written statement, it is contended that the suit itself is not maintainable and also contended that the plaintiff Trust represented by its President Mr.Kennedy and also his own brother claiming President of the Trust on the capacity, who is claiming President of the said Trust filed on 09.12.2022 in O.S.No.26943/2022 for the relief of permanent injunction against these defendants, the suit pending before CCH-20, Mayohall Unit, Bengaluru. The said suit was withdrawn by filing withdrawal memo. The plaintiff and his family members are created their own Trust without knowledge and consent of the defendants Church office bearers and the Church members. The said plaintiff and family members are tried by one or other