Case Note & Summary
The Maharashtra State Board of Wakf filed a Civil Revision Application under Section 83(9) of the Wakf Act, 1995, challenging an order of the Wakf Tribunal, Aurangabad, which refused to grant a temporary injunction in Wakf Suit No. 15/2013. The Wakf Board sought possession and permanent injunction against Digvijay Deshmukh regarding Survey No. 103, admeasuring 28 acres 9 gunthas, at Osmanabad, claiming it was public wakf property dedicated to Jama Masjid, Osmanabad. The Board contended that the property was registered as wakf under the Wakf Act, 1954, with a gazette notification dated 27-3-1980, and that the defendant was in illegal possession. The Tribunal refused the temporary injunction. The High Court admitted the revision, issued notice, and by consent heard both sides for final disposal. The court found that the Wakf Board had made out a prima facie case and that the balance of convenience was in its favor, and thus granted interim relief in terms of the application.
Headnote
A) Wakf Law - Temporary Injunction - Section 83(9) Wakf Act, 1995 - Revision against order refusing injunction - Wakf Board claimed suit property as public wakf dedicated to Jama Masjid, registered under Wakf Act, 1954 with gazette notification dated 27-3-1980 - Tribunal refused injunction - High Court admitted revision and granted interim relief - Held that prima facie case and balance of convenience favored Wakf Board (Paras 1-6).
Issue of Consideration
Whether the Wakf Tribunal erred in refusing temporary injunction to the Wakf Board seeking possession of alleged wakf property.
Final Decision
Admitted. Notice after admission made returnable forthwith by consent. Both sides heard for final disposal. The court granted interim relief in terms of the application.
Law Points
- Wakf Act
- 1995
- Section 83(9)
- Temporary Injunction
- Prima Facie Case
- Balance of Convenience
- Irreparable Loss
Case Details
2014 LawText (BOM) (05) 22
Civil Revision Application No.57 of 2014
Shri. Y.B. Pathan for applicant, Shri. R.N. Dhorde (Senior Advocate) holding for Shri. V.R. Dhorde for respondent
Maharashtra State Board of Wakf, Through its District Wakf Officer, Shaikh Mohammad S/o Shahanoor Shaikh
Digvijay S/o Deeliprao Deshmukh, Through its G.P.A. Deelip S/o Lalasaheb Deshmukh
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Nature of Litigation
Civil Revision Application under Section 83(9) of Wakf Act, 1995 against order of Wakf Tribunal refusing temporary injunction.
Remedy Sought
Applicant (Wakf Board) sought to challenge the Tribunal's order and obtain temporary injunction.
Filing Reason
Wakf Tribunal refused temporary injunction in suit for possession and permanent injunction.
Previous Decisions
Wakf Tribunal, Aurangabad, refused relief of temporary injunction on Exhibit 5 in Wakf Suit No. 15/2013.
Issues
Whether the Wakf Tribunal erred in refusing temporary injunction to the Wakf Board.
Submissions/Arguments
Applicant argued that suit property is public wakf property dedicated to Jama Masjid, registered under Wakf Act, 1954 with gazette notification dated 27-3-1980.
Respondent's arguments not detailed in text.
Ratio Decidendi
The Wakf Board made out a prima facie case and balance of convenience was in its favor for grant of temporary injunction.
Judgment Excerpts
The proceeding is filed under section 83 (9) of the Wakf Act, 1995 to challenge the order made by the Wakf Tribunal Aurangabad on Exhibit 5 of Wakf Suit No. 15/2013.
The Tribunal has refused the relief of temporary injunction claimed by the applicant-plaintiff.
Procedural History
Wakf Board filed suit for possession and permanent injunction before Wakf Tribunal. Tribunal refused temporary injunction. Board filed Civil Revision Application under Section 83(9) of Wakf Act, 1995. High Court admitted revision and granted interim relief.
Acts & Sections
- Wakf Act, 1995: 83(9)
- Wakf Act, 1954:
