Case Note & Summary
The present case involves a civil revision petition filed under Section 83(9) of the Wakf Act, 1995 read with Section 115 of the Code of Civil Procedure, 1908. The petitioner, The Majalis-E-Intizamiya Masjid, represented by its President Dr. Khaleel Ahmed, challenged the order dated 17/06/2011 passed by the Karnataka Wakf Tribunal, Gulbarga Division, Gulbarga in O.S.No.12/2010. The respondent No.1, The Masjid-E-Peerpasha Quadri (Sunni), represented by its President Abdul Nabisab, had filed the suit before the Tribunal seeking a declaration that the corrigendum dated 03.11.2008 and the gift deed dated 24.12.1969 were not binding on the plaintiff, along with a perpetual injunction or alternatively recovery of possession and costs. The respondent No.2 was the Karnataka State Board of Wakfs. The Tribunal had ruled in favor of the plaintiff, declaring the documents not binding. The petitioner, who was defendant No.1 before the Tribunal, sought to set aside that order and dismiss the suit. The High Court, after hearing the matter, dismissed the revision petition, thereby upholding the Tribunal's order. The judgment does not provide detailed reasoning or analysis beyond the procedural history and the final decision.
Headnote
A) Wakf Law - Wakf Tribunal Jurisdiction - Civil Revision Petition - Section 83(9) of Wakf Act, 1995 read with Section 115 CPC - The petitioner challenged the order of the Karnataka Wakf Tribunal, Gulbarga Division, in O.S.No.12/2010, which had declared that the corrigendum dated 03.11.2008 and gift deed dated 24.12.1969 were not binding on the plaintiff. The High Court dismissed the revision petition, upholding the Tribunal's order. (Paras 1-3)
Issue of Consideration
Whether the Karnataka Wakf Tribunal erred in passing the order dated 17/06/2011 in O.S.No.12/2010, and whether the corrigendum dated 03.11.2008 and gift deed dated 24.12.1969 are binding on the plaintiff.
Final Decision
The Civil Revision Petition is dismissed. The order dated 17/06/2011 passed by the Karnataka Wakf Tribunal, Gulbarga Division, Gulbarga in O.S.No.12/2010 is upheld.
Law Points
- Wakf Act
- 1995
- Section 83(9)
- Civil Procedure Code
- 1908
- Section 115
- Wakf Tribunal jurisdiction
- binding nature of corrigendum and gift deed
Case Details
2021 LawText (KAR) (01) 7
Civil Revision Petition No.1091 of 2011
Dr. Justice H.B. Prabhakara Sastry
Sri F.V. Patil for petitioner; Sri. Ahmed Ali Rahiman Shah for R1; Sri. D.L. Ladkhan for R2
The Majalis-E-Intizamiya Masjid, Represented by its President, Dr.Khaleel Ahmed
1. The Masjid-E-Peerpasha Quadri (Sunni) Represented by its President, Abdul Nabisab S/o Gaibusab Chatni; 2. The Karnataka State Board of Wakfs Represented by its Chairman
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Nature of Litigation
Civil revision petition against order of Wakf Tribunal in a suit for declaration and injunction regarding wakf property.
Remedy Sought
Petitioner sought to set aside the Tribunal's order dated 17/06/2011 and dismiss the plaintiff's suit.
Filing Reason
Petitioner challenged the Tribunal's order declaring that the corrigendum dated 03.11.2008 and gift deed dated 24.12.1969 were not binding on the plaintiff.
Previous Decisions
The Karnataka Wakf Tribunal, Gulbarga Division, passed an order on 17/06/2011 in O.S.No.12/2010 in favor of the plaintiff.
Issues
Whether the corrigendum dated 03.11.2008 and gift deed dated 24.12.1969 are binding on the plaintiff?
Whether the order of the Wakf Tribunal dated 17/06/2011 is liable to be set aside?
Submissions/Arguments
Petitioner argued that the Tribunal's order was erroneous and should be set aside.
Respondents supported the Tribunal's order.
Ratio Decidendi
The High Court found no grounds to interfere with the Wakf Tribunal's order, thereby upholding the declaration that the corrigendum and gift deed were not binding on the plaintiff.
Judgment Excerpts
The present petitioner was defendant No.1 and the present respondent No.2 was defendant No.2 in O.S. No.12/2010 before the Karnataka Wakf Tribunal, Gulbarga Division, Gulbarga...
This Civil Revision Petition is filed under Section 83(9) of the Wakf Act, 1995 read with Section 115 of Civil Procedure Code, praying to set aside the Order dated 17/06/2011...
Procedural History
The plaintiff (respondent No.1) filed O.S.No.12/2010 before the Karnataka Wakf Tribunal, Gulbarga Division, seeking declaration that corrigendum dated 03.11.2008 and gift deed dated 24.12.1969 were not binding on it, along with injunction. The Tribunal passed an order on 17/06/2011 in favor of the plaintiff. The defendant No.1 (petitioner) filed the present civil revision petition under Section 83(9) of the Wakf Act, 1995 read with Section 115 CPC challenging that order. The High Court dismissed the revision petition on 04/01/2021.
Acts & Sections
- Wakf Act, 1995: 83(9)
- Code of Civil Procedure, 1908: 115
