Hafiz Syed Salim Basha, vs Madrasa Riazul Uloom Committee,
2022 Latest Caselaw 7251 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                               MAIN CASE : S.A.No.402 of 2022
                                      PROCEEDING SHEET
Sl.      Date                                   ORDER                                  OFFIC
No.                                                                                      E
                                                                                       NOTE

      21.09.2022
                   SRS,J

                                         S.A.No.402 of 2022
                          Defendants filed the present second appeal against
                   the judgment and decree, dated 16.06.2022 passed in
                   A.S.No.33 of 2014 on the file of the Judge, Family Court-
                   cum-IV Additional District Judge, Kurnool, confirming
                   the judgment and decree, dated 01.07.2014 passed in
                   O.S.No.1095 of 2004 on the file of the Principal Junior
                   Civil Judge, Kurnool.

                          The suit in O.S.No.1095 of 2004 was filed by the
                   plaintiff    for    permanent      injunction   restraining   the
                   defendant and his men from in anyway interfering with
                   the plaintiff's possession, enjoyment and management of
                   the plaint schedule property and for costs.

                          The trial Court decreed the suit with costs.
                   Aggrieved      by    the   same,     the   defendant   preferred
                   A.S.No.33 of 2014 and the same was dismissed by
                   judgment and decree dated 16.06.2022, confirming the
                   judgment and decree in O.S.No.1095 of 2004. Therefore,
                   the present Second Appeal is filed by the defendant.

                          Heard.
                          Admit.
                          The following substantial questions of law arise for
                   consideration.

                      1) When a specific pleading is made in the written
                          statement that the A.P.State Waqf Board is a
                          proper and necessary party to the suit, whether
                          Courts below are right in ignoring the same even
       when the suit becomes bad for non-joinder of
      necessary party?

   2) Whether treating      of   a   property   held   by   an
      Institution as a Waqf property requires compulsory
      the publication of notification in the Gazette that it
      is a Waqf property?

   3) Whether a property which is not yet published in
      the Gazette under Section 6 of the Waqf Act, 1995
      loses its character as a Waqf property till such
      publication is made?

                                                       ______
                                                        SRS,J
                   I.A.No.1 of 2022

      Issue notice to the respondent.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent by registered post with acknowledgment due and file proof of service in the Registry.

List the matter on 18.10.2022.

______ SRS,J KA