Case Note & Summary
The case involves a Regular First Appeal filed by the appellants (defendants before the Wakf Tribunal) 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 appeal was filed under Order 41 Rule 3 read with Section 96 of the Code of Civil Procedure, 1908. At the hearing, the learned counsel for the respondent raised a preliminary objection regarding the maintainability of the appeal. She pointed out that under 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. Instead, the High Court may, on its own motion or on application, call for and examine the records of the Tribunal to satisfy itself as to the correctness, legality, or propriety of the determination, and may confirm, reverse, or modify such determination. Therefore, the present appeal in the form of a Regular First Appeal was not maintainable, as the judgment of the Tribunal does not fall under Order 41 Rule 3 CPC. The court accepted the preliminary objection and permitted the appellant to withdraw the appeal and present it as a civil revision petition under Section 83(9) of the Wakf Act, 1995. The court granted permission to convert the appeal into a Civil Revision Petition.
Headnote
A) Wakf Law - Appeal against Tribunal decision - Maintainability - Section 83(9) Wakf Act, 1995 - 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 - Regular First Appeal - Applicability to Wakf Tribunal - Order 41 Rule 3 CPC, Section 96 CPC - The court clarified that the judgment of the Wakf Tribunal does not fall under Order 41 Rule 3 CPC for the purpose of preferring an appeal, and the appellant should invoke the revisional jurisdiction under Section 83(9) of the Wakf Act, 1995. (Paras 2-4)
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 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The appeal is permitted to be withdrawn and converted into a Civil Revision Petition under Section 83(9) of the Wakf Act, 1995.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
