Supreme Court bench split, revives Mumbai claim on Bengaluru Iskcon temple case

NEW DELHI: On a agelong lasting litigation betwixt Mumbai and Bengaluru factions of Iskcon implicit power of Bengaluru temple, Supreme Court had kept the verdict reserved for much than a twelvemonth and gave judgement favouring the Bengaluru subdivision successful May conscionable anterior to the status of presiding justice Justice A S Oka. The seat of Justices Oka and A G Masih had acceptable speech Karnataka High Court's elaborate judgement successful May 2011 giving power of the Bengaluru temple to the Mumbai branch. High Court had quashed the proceedings tribunal decree of April 2009 which was successful favour of the Bengaluru faction. After 14 years of the HC verdict and six months of Supreme Court judgment, pronounced a week earlier Justice Oka's retirement, the parties are present astir backmost to quadrate 1 arsenic a seat of Justices J K Maheshwari and A G Masih (who was portion of the seat led by Justice Oka) delivered a divided verdict connected the Mumbai branch's plea for reappraisal of the May 16 judgment. Justice Maheshwari recovered that the Mumbai subdivision has made retired a lawsuit for reappraisal of the judgment. In his 2 condemnation order, helium said, "Applications for listing the reappraisal petitions successful unfastened tribunal are allowed. Notice beryllium issued to the parties." This would mean Justice Maheshwari felt that the Mumbai subdivision should beryllium allowed to reason its lawsuit successful unfastened tribunal pointing retired the "error apparent" successful the judgment. On the different hand, Justice Masih said, "After having cautiously gone done the reappraisal petitions, the judgement nether reappraisal and the worldly annexed therewith, I americium satisfied determination is nary mistake evident connected the look of grounds oregon immoderate merit successful the reappraisal petitions, warranting reconsideration of the judgement impugned.

The reappraisal petitions are, accordingly, dismissed." "In presumption of the divergent views... the reappraisal petitions beryllium placed earlier the CJI for directions and to bash the needful," the seat past said. Iskcon-Mumbai had consistently maintained that the Bengaluru faction had ne'er functioned arsenic an autarkic entity and had ever operated nether the Mumbai branch, and hence, the absorption of the temple vested with the Mumbai faction. But the proceedings tribunal had allowed the Bengaluru branch's suit, and fixed a decree successful its favour implicit the absorption of the temple affairs. HC had acceptable speech the decree and ruled that the Bengaluru subdivision functioned nether the overarching power of Mumbai group.