Waqf Masjid Mutawalliyan vs Sadakat Khan And Others
2012 Latest Caselaw 5596 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 23
 

 
Case :- WRIT - C No. - 58025 of 2012
 

 
Petitioner :- Waqf Masjid Mutawalliyan
 
Respondent :- Sadakat Khan And Others
 
Petitioner Counsel :- S.M. Nazar Bokhari
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioner who contends that the courts below have committed an error by rejecting the application filed by the petitioner dated 23.4.2012 copy whereof has been filed as Annexure-9.

The allegation in the said application is that the petitioner has taken over as Mutwalli  after removal of Mohd Rafiq Khan who was representing the defendant Waqf in the execution proceedings.

 I have perused the said application and the prayer made therein is preposterous and is not within the four corners of Section 47 of C.P.C.

The concerned Mutwalli if had succeed to mutwalliship under any statutory authority, then the appropriate course was to file an  application under Section 47 read with the provisions of Order I Rule 10 C.P.C. and the principles of substitution in order to get himself impleaded for the purpose of getting the execution carried out in accordance with law. That having not been done by the learned counsel of the petitioner, the blame cannot be put on the court for rejecting the application.

Learned counsel in his wisdom defaulted by not consulting the aforesaid provisions of the Civil Procedure Code  and as such this Court can not come to the aid of the petitioner  unless he rectifies the error by moving an appropriate application in accordance with law.

The petition is, therefore, dismissed without prejudice to the right of the petitioner to move an appropriate application in accordance with law.

Order Date :- 9.11.2012

Manish