Case Note & Summary
The appellants, defendants before the Wakf Tribunal, filed a Regular First Appeal under Order 41 Rule 3 read with Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 17.9.2008 passed by the II Additional City Civil Judge, Bangalore, in O.S.No.8/2004, which had decreed a suit for permanent injunction in favor of the respondent, the Karnataka Wakf Board. The respondent raised a preliminary objection regarding the maintainability of the appeal, contending that under sub-section (9) of Section 83 of the Wakf Act, 1995, no appeal lies against any decision or order of the Tribunal, and the only remedy available is to invoke the revisional jurisdiction of the High Court. The High Court, after hearing the counsel, upheld the objection, holding that the appeal was not maintainable as the judgment of the Tribunal does not fall under Order 41 Rule 3 CPC. The Court permitted the appellants to withdraw the appeal and convert it into a civil revision petition under Section 83(9) of the Wakf Act, 1995.
Headnote
A) Wakf Law - Maintainability of Appeal - Section 83(9) Wakf Act, 1995 - Bar on Appeal - The High Court held that no appeal lies against any decision or order of the Wakf Tribunal under Section 83(9) of the Wakf Act, 1995, and the only remedy is to invoke the revisional jurisdiction of the High Court. The appeal filed under Order 41 Rule 3 CPC was therefore not maintainable. (Paras 2-4)
B) Civil Procedure - Conversion of Appeal - Order 41 Rule 3 CPC - Section 83(9) Wakf Act, 1995 - The Court permitted the appellant to withdraw the appeal and present it as a civil revision petition under Section 83(9) of the Wakf Act, 1995, thereby allowing conversion of the proceeding. (Para 4)
Issue of Consideration
Whether a Regular First Appeal under Order 41 Rule 3 read with Section 96 CPC is maintainable against a judgment and decree of the Wakf Tribunal constituted under the Wakf Act, 1995.
Final Decision
The appeal is permitted to be withdrawn and converted into a civil revision petition under Section 83(9) of the Wakf Act, 1995.
Law Points
- Wakf Act
- 1995
- Section 83(9) bars appeal against Tribunal decisions
- only revisional jurisdiction of High Court available
- Order 41 Rule 3 CPC not applicable to Tribunal judgments
Case Details
2015 LawText (KAR) (03) 47
Regular First Appeal No.153 of 2009
Shri. V. Vishwanath (for appellants), Smt. S.R. Anuradha (for respondent)
Shri. Deepak Shetty (Correct Name: Shri. K.V.Deepak) and Shri Kiran Shetty (Correct Name: Shri Sham Kiran)
The Karnataka Wakf Board, Represented by the CEO
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Nature of Litigation
Civil appeal against judgment and decree of Wakf Tribunal in a suit for permanent injunction
Remedy Sought
Appellants sought to challenge the decree of permanent injunction granted in favor of the Wakf Board
Filing Reason
Appellants were defendants in a suit before the Wakf Tribunal which decreed the suit for permanent injunction against them
Previous Decisions
The II Additional City Civil Judge, Bangalore, as the Wakf Tribunal, decreed the suit in O.S.No.8/2004 on 17.9.2008
Issues
Whether a Regular First Appeal under Order 41 Rule 3 read with Section 96 CPC is maintainable against a judgment and decree of the Wakf Tribunal under the Wakf Act, 1995.
Submissions/Arguments
Respondent's counsel raised preliminary objection that under Section 83(9) of the Wakf Act, 1995, no appeal lies against any decision or order of the Tribunal; only revisional jurisdiction of the High Court is available.
Appellants' counsel did not contest the objection and sought permission to convert the appeal into a civil revision petition.
Ratio Decidendi
Under Section 83(9) of the Wakf Act, 1995, no appeal lies against any decision or order of the Wakf Tribunal; the only remedy is to invoke the revisional jurisdiction of the High Court. Therefore, a Regular First Appeal under Order 41 Rule 3 CPC is not maintainable.
Judgment Excerpts
in terms of sub-section (9) of Section 83 of the Wakf Act, 1995, no appeal lies against any decision or order whether interim or otherwise, given or made by the Tribunal
the present appeal in the form that it is presented, is not maintainable, as the judgment of the Tribunal would not fall under Order XLI Rule 3 of the Code of Civil Procedure, 1908
the appellant is permitted to withdraw this appeal and present it as a civil revision petition
Procedural History
The Wakf Tribunal (II Additional City Civil Judge, Bangalore) decreed the suit for permanent injunction in O.S.No.8/2004 on 17.9.2008. The defendants filed Regular First Appeal No.153 of 2009 before the High Court of Karnataka. The respondent raised a preliminary objection as to maintainability. The High Court heard the objection and passed the present order on 30.3.2015.
Acts & Sections
- Wakf Act, 1995: Section 83, Section 83(9)
- Code of Civil Procedure, 1908: Order 41 Rule 3, Section 96
