Syed Shah Yousuf Hussaini vs The Karnataka State Board Of Wakfs ...
2021 Latest Caselaw 7155 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 23RD DAY OF DECEMBER, 2021

                      BEFORE

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

                CRP.No.200001/2021
                        C/W
                CRP.NO.200024/2021

IN CRP.NO.200001/2021

BETWEEN:

SYED SHAH YOUSUF HUSSAINI
AGE: 64 YEARS
S/O: SYED SHAH MOHAMMED MOHAMMED-UL-HUSSAINI,
LATE
OCCUPATION: AGRICULTURE
R/O: ROZA BUZURG, GULBARGA AND
RESIDENT OF PLOT NO.447
ROAD NO.20, JUBILEE HILLS
HYDERABAD(AP)

                                     ... PETITIONER

(BY SRI. MOHMOOD PATEL, ADVOCATE)

AND:

1.     THE KARNATAKA STATE BOARD OF WAKFS,
       REPRESENTED BY ITS CHAIRMAN
       DARUL AWKAF, NO.6,
       CUNNINGHAM ROAD,
       BANGALORE-560 052.
                           2




2.   THE DARGAH HAZRATH KHAJA BANDA NAWAZ (RH)
     REPRESENTED BY ITS SAJJADA NASSHIN-CUM-
     MUTAWALLI
     DRR. SYED SHAH KHUSRO HUSSAINI
     BADI DEODI, ROZA 'B' GULBARGA-560 052

                                    ... RESPONDENTS

(BY SRI. AMRESH S. ROJA, ADVOCATE FOR R2
SRI. S. R. MALGATTI AND SRI. AFTAB, ADVOCATES
FOR R2)


     THIS CRP IS FILED UNDER SECTION 115 OF CODE
OF CIVIL PROCEDURE CODE PRAYING TO SET-ASIDE THE
JUDGMENT   AND   DECREE   IN   O.S.NO.13/2012   DATED
12.10.2012 ON THE FILE OF KARNATAKA WAKF TRIBUNAL,
KALABURAGI.


IN CRP.NO.200024/2021

BETWEEN

1.   SYED SHAH YOUSUF HUSSAINI
     S/O SYED SHAH MOHAMMED
     MOHAMMED-UL-HUSSAINI, LATE,
     OCCUPATION: AGRICULTURE,
     R/O ROZA BURZUR, GULBARGA
     AND RESIDENT OF PLOT NO. 447
     ROAD, NO, 20, JUBILLEE HILLS HYDERABAD (AP)

2.   SYED SHAH ARIF HUSSAINI
     S/O SYED SHAH MOHAMMED MOHAMMED-UL-
     HUSSAINI, LATE, OCCUPATION: AGRICULTURE,
                            3




       R/O ROZA BURZUR, GULBARGA AND RESIDENT OF
       PLOT NO. 447 ROAD, NO, 20, JUBILLEE HILLS
       HYDERABAD (AP)

3.     MRS. DURDANA YAMEEN
       S/O SYED SHAH MOHAMMED MOHAMMED-UL-
       HUSSAINI, LATE, OCCUPATION: AGRICULTURE, R/O
       ROZA BURZUR, GULBARGA AND RESIDENT OF PLOT
       NO. 447 ROAD, NO, 20, JUBILLEE HILLS
       HYDERABAD (AP) R/BY HER GPA HOLDER, MR SYED
       SHAH YOUSUF HUSSAINI

4.     MS. IFFAT JAMALUNNISA
       MAJOR, S/O SYED SHAH MOHAMMED MOHAMMED-
       UL-HUSSAINI, LATE, OCCUPATION: AGRICULTURE,
       R/O: ROZA BURZUR, GULBARGA AND RESIDENT OF
       PLOT NO. 447 ROAD, NO, 20, JUBILLEE HILLS
       HYDERABAD (AP)
                                       ...PETITIONERS
(BY SRI. MAHMOOD PATEL ADVOCATE)
AND:
1.     THE KARNATAKA STATE BOARD OF WAKFS AND ANR
       REPRESENTED BY ITS CHAIRMAN, DARUL AWKAF
       NO.6, CUNINGHAM ROAD, BANGALROE
2.     THE DARGAH HAZARATH KHAJA BANDA NAWAZ
       (RH)
       R/BY ITS SAJJADA NASHIN-DUM MUTAWALLI
       DR. SYED SHAH KHURSO HUSSAINI, BEDI DEODI,
       ROZA"B" GULBARGA
                                   .....RESPONDENTS
(BY SRI: MOHD KHADAR KHAN AND MOHD. NOOR
KHAN SALEEM ADVOCATE FOR R1
SRI. AMARESH S. ROJA, ADVOCATE FOR R2)

     THIS CRP IS FILED UNDER SECTION 115 OF CODE
OF CIVIL PROCEDURE CODE PRAYING TO SET-ASIDE THE
JUDGMENT AND DECREE IN O.S.NO.16/2012 DATED
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12.10.2012 ON THE FILE OF KARNATAKA WAKF TRIBUNAL,
KALABURAGI.

     THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

The Civil Revision Petitions arise on account of order

dated 25.01.2019 passed in W.P.No.100039/2013 and

W.P.No.100040/2013 (GM-Wakf). The said writ petitions

were filed seeking to set-aside the judgment and decree

dated 12.10.2012 passed in O.S.No.13/2012 and

O.S.No.16/2012 passed by the Karnataka Wakf

Tribunal, Kalaburagi. This Court by an order dated

25.01.2019 had permitted the petitioners to convert the

aforesaid writ petitions into Civil Revision Petitions within a

period of two weeks from the date of receipt of a certified

copy of the order.

02. The learned counsel for the petitioners submits

that the petitioners pursuant to the aforesaid order passed

in the writ petitions have filed fresh Civil Revision Petitions

in CRP No.200007/2019 and Civil Revision Petition

No.200008/2019 and that the said Civil Revision Petitions

have been heard, admitted and are pending consideration.

03. The learned counsel for the petitioners further

submits that when things stood thus, the Registry in

furtherence to earlier order dated 25.01.2019 permitting

the petitioner to convert the writ petitions into Civil

Revision Petitions, has now assigned the new number

CRP.No.200024/2021 in respect of W.P.No.100040/2013

and CRP No.200024/2021 in respect of the

W.P.No.100039/2013, which is why the present Civil

Revisions Petition have come up on board.

04. In view of the petitioner having filed fresh, the

Civil Revision Petitions in CRP.No.200007/2019 and

CRP.No.200008/2019 under the circumstances as stated

above, the learned counsel for the petitioners submits that

present Civil Revision Petitions in CRP.No.200024/2021

and CRP.No.200001/2021 may not survive, as such the

same may be permitted to be withdrawn.

05. The learned counsel for the petitioners has

filed a memo seeking permission to withdraw the

CRP.No.200024/2021 and CRP.No.200001/2021 as the

same having become infructuous.

06. The said memo is taken on record.

07. Under the above facts and circumstances, the

CRP No.200024/2021 and CRP No.200001/2021 are

hereby dismissed as withdrawn.

08. In the circumstances, registry to de-link

Civil Revision Petition No.200007/2019 and Civil

Revision Petition No.200008/2019 filed by the

petitioners and post the same separately for hearing.

Sd/-

JUDGE

KJJ