The City Municipal Council vs The Secretary Karnataka Board Of ...
2022 Latest Caselaw 4262 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE R NATARAJ

               R.S.A. NO.2262/2007 (INJ)

BETWEEN:

THE CITY MUNICIPAL COUNCIL
REPRESENTED BY ITS
COMMISSIONER
KOLAR-01.
                                             ...APPELLANT
[BY SRI.CHANDRA MOHAN J.G., ADV.(THROUGH VC)]

AND

1.     THE SECRETARY
       KARNATAKA BOARD OF WAKFS
       1ST MAIN, JAYAMAHAL EXTENSION
       BANGALORE-01.

2.     THE CHAIRMAN
       DISTRICT WAKF COMMITTEE,
       KOLAR DISTRICT,
       KOLAR-563101.
                                          ...RESPONDENTS
(BY SMT. S.R. ANURADHA AND ASSTS., ADV. FOR R-2;
    SMT. SWATHI ASHOK FOR R-1)

      THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGEMENT & DECREE
DATED 02.06.2007 PASSED IN R.A.NO.30/01 ON THE FILE OF
THE PRESIDING OFFICER, FAST TRACK COURT-III, KOLAR,
DISMISSING THE APPEAL AND FILED AGAINST THE JUDGEMENT
AND DECREE DATED 02.12.2000 PASSED IN OS NO.135/97 ON
THE FILE OF PRL. CIVIL JUDGE, (JR.DN), KOLAR, DECREEING
THE SUIT FOR PERMANENT INJUCTION.

     THIS RSA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                2


                        JUDGMENT

The learned counsel for the respondents has filed a

memo dated 05.03.2022 that in view of Section 83 of Wakf

Act, 1995, the case may be transferred to the Wakf

Tribunal, Kolar.

2. In view of the memo filed, the impugned

Judgment and Decree passed in O.S.No.135/1997 on the

file of the Principal Civil Judge (Jr.Dn.), Kolar and Judgment

and Decree passed in R.A.No.30/2001 on the file of the

Fast Track Court-III, Kolar, are set aside.

3. The suit in O.S.No.135/1997 on the file of the

Principal Civil Judge (Jr.Dn.) at Kolar is transferred to the

Wakf Tribunal, Kolar.

4. The Tribunal is directed to consider the case in

accordance with law.

All contentions of the parties are kept open.

Sd/-

JUDGE

DM