New Delhi: The Supreme Court on Friday ruled that the ISKCON temple in Bengaluru does not belong to ISKCON Society Mumbai but to ISKCON Society Bangalore, registered under the Karnataka Societies Act.
A bench of Justices Abhay S. Oka and A.G. Masih set aside an earlier decision of the Karnataka High Court, which had held that the ISKCON temple in Bengaluru belonged to ISKCON Society Mumbai.
In its impugned order passed in May 2011, the Karnataka HC had allowed an appeal filed by the ISKCON Mumbai, challenging a decree of the trial court granted in favour of ISKCON Bangalore.
The trial court had declared that ISKCON Society Bangalore, registered in July 1978 under the Karnataka Societies Registration Act, was the absolute owner of the temple property at Hare Krishna Hills in the Rajajinagar area of the state capital and restrained ISKCON Society Mumbai from interfering in its affairs.
In its suit, the ISKCON Society Bangalore sought a declaration that ISKCON Society Mumbai had no authority to remove its office-bearers or had no authority to control its properties or administration.
On the other hand, the ISKCON Society Mumbai contended that the Bengaluru centre had never functioned as an independent legal entity and all properties acquired by or in the name of the ISKCON Bangalore actually vested in the ISKCON Society Mumbai.
The Karnataka High Court had ruled that the title and possession of the Hare Krishna Hills temple complex in Bengaluru were vested with the ISKCON Society Mumbai, as it set aside the decree passed by the trial court. Holding that the ISKCON Bangalore Society was a branch of the ISKCON Mumbai Society, it decreed the ISKCON Mumbai's counterclaim for a permanent injunction against interference by the ISKCON Society Bangalore office-bearers.
The apex court decision establishes that the ISKCON temple in Bengaluru belongs to the ISKCON Society Bangalore.
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