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Hare Krishna temple in Bengaluru belongs to ISKCON Bangalore, rules SC

In view of the object of Hare Krishna movement, “the dispute between ISKCON Mumbai and ISKCON Bangalore ought not to have been brought to the court,” said a Bench of Justice AS Oka and Justice AG Masih
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Ending a 20-year-old legal battle, the Supreme Court on Friday ruled that the Hare Krishna Temple in Bengaluru belongs to the ISKCON Society, Bangalore.

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Allowing ISKCON Bangalore’s appeal challenging a Karnataka High Court order, a Bench of Justice Abhay S Oka and Justice AG Masih set aside an order of the Karnataka High Court which held the property belonged to ISKCON Society, Mumbai.

Noting that late Bhaktivedanta Swami Prabhupada initiated the Hare Krishna movement, the Bench said in view of the object of ISKCON movement, “the dispute between ISKCON Mumbai and ISKCON Bangalore ought not to have been brought to court. However, they have done so, and in the process, they have litigated for a span of more than 20 years.”

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The top court noted that “plaintiffs (ISKCON, Mumbai) have adduced no evidence to prove their case.”

"Even assuming that ISKCON Bangalore did not possess funds, and even if money came from ISKCON Mumbai, it cannot claim ownership. Only because the existence of the Bangalore branch of ISKCON Mumbai was proved, one cannot jump to the conclusion that allotment of Schedule 'A' property was to ISKCON Mumbai through the Bangalore branch," the Bench said, rejecting ISKCON Mumbai’s claim.

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The top court said it was "crystal clear" that the Schedule "A" property was allotted by the Bangalore Development Authority to ISKCON Bangalore and ISKCON Bangalore was an independent society registered under the Karnataka Societies Registration Act.

The verdict came on ISKCON Bangalore’s petition challenging the Karnataka High Court’s May 23, 2011, order in favour of ISKCON Mumbai in a protracted legal battle spanning 20 years over control of the iconic Hare Krishna Temple and educational complex in Bengaluru.

In the plea, ISKCON Bangalore, represented by its office-bearer Kodandarama Dasa, contested the high court judgment that overturned a 2009 order of a local court in Bengaluru which had ruled in favour of ISKCON Bangalore, recognising its legal title and granting a permanent injunction against ISKCON Mumbai.

However, the high court had reversed this ruling and upheld a counterclaim by ISKCON Mumbai, effectively granting them control over the temple.

ISKCON Bangalore, a Karnataka-registered society, contends that it has been operating independently and managing the Bengaluru temple for decades.

ISKCON Mumbai, registered under the national Societies Registration Act of 1860 and the Bombay Public Trusts Act, 1950, claims that ISKCON Bangalore is merely its branch and that the property in question rightfully belongs under its jurisdiction.

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