Karnataka High Court
Imambeg S/O Abdulbeg Jamadar vs The State Of Karnataka on 22 October, 2024
-1-
NC: 2024:KHC-D:15281
CRP No. 1002 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL REVISION PETITION NO. 1002 OF 2013
BETWEEN:
SHRI. IMAMBEG
S/O ABDULBEG JAMADAR,
AGE: 65 YEARS, OCC: CARPENTER,
R/O: SAIDAPUR GALLI,
WARD NO.3 MUDHOL-587 313,
DIST: BAGALKOT.
...PETITIONER
(BY SRI. S.V. DESHPANDE, ADVOCATE [ABSENT])
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY THE
DEPUTY COMMISSIONER,
BIJAPUR, NOW THE DEPUTY
COMMISSIONER,
BAGALKOT-587 101.
Digitally signed
by BHARATHI H
M
Location: HIGH 2. THE TAHASILDAR,
COURT OF
KARNATAKA
DHARWAD
MUDHOL-587 3013,
BENCH
Date: 2024.10.24 DIST: BAGALKOT.
11:30:00 +0530
3. THE CHAIRMAN,
DISTRICT WAKF BOARD,
BIJAPUR-586 101.
4. SHRI. DEVADAR
S/O DHARMAJI PAWAR,
AGE: 65 YEARS,
OCC: PENSIONER,
R/O: MANTUR ROAD,
NEAR SAYYED SAB DARGAH,
-2-
NC: 2024:KHC-D:15281
CRP No. 1002 of 2013
WARD NO.7, MUDHOL-587 3013,
DIST: BAGALKOT.
...RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1 AND R2;
SRI. SADIQ.N.GOODWALA AND
SRI. MOHAMMAD ALI, ADVOCATES FOR R3 [ABSENT])
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 83(9) OF THE WAKF ACT 1995, PRAYING TO AGAINST
THE ORDER DATED: 09.11.2012 PASSED IN
NO.KWT/BAG/(OS)/SR-2/2005 (OS 302/1996) ON THE FILE OF
THE PRESIDING OFFICER, KARNATAKA WAKF TRIBUNAL,
BELGAUM DIVISION, BELGAUM, DISMISSING THE SUIT FILED
FOR DECLARATION.
THIS CIVIL REVISION PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The impugned order in this Civil Revision Petition is
passed by the Karnataka Wakf Tribunal, Belgaum Division,
Belgaum in No.KWT/BAG/(OS)/SR-2/2005 (O.S.No.302/1996)
dated 09.11.2012, whereby the suit filed by the plaintiff is
dismissed without costs.
2. On 18.02.2013, this Court had issued emergent notice
to respondents and directed to call for LCR and also directed
both the parties to maintain status quo of the disputed
property, as it exists on date till next hearing date. On
23.02.2015, the Revision petition was dismissed considering
NC: 2024:KHC-D:15281
the judgment of a coordinate Bench of this Court in the case of
Syed Abdul Salam and Others Vs. The Chief Executive
Officer, Karnataka Board of Wakfs, Bangalore and
Others1, wherein it is held that against a final judgment
passed by the Wakf Tribunal, revision petition is not
maintainable by giving liberty to the petitioner to challenge the
same in appropriate proceedings. Thereafter, I.A.No.1/2018
was filed to review the order dated 23.02.2015. In that, the
Court had issued notice on 04.08.2023 and for paying the
process, the matter was adjourned on 07.09.2023. On
06.06.2024, when the matter was called, there was no
representation on behalf of the parties and the Court observed
that none appears for the parties, even the matter is called on
two occasions and directed the matter to be listed on
11.06.2024. On 11.06.2024 and 27.06.2024, it is observed that
none appears for the parties. Later, this matter came up before
this Court on 21.10.2024 and this Court has also observed that
there is no representation on behalf of the petitioner and
directed the matter to be listed under the caption 'dismissal'.
Today also, when the matter is listed under the caption
ILR 2005 KAR 2084
NC: 2024:KHC-D:15281
dismissal, there is no representation on behalf of the parties.
An order which is passed in the year 2012 is assailed before
this Court and already another order is passed whereby this
Court has dismissed the revision petition in the year 2015 and
a review petition is filed in the year 2018. The petitioner failed
to pursue the matter and even in 2024 the matter is still
pending on the file of this Court. Hence, it appears that the
petitioner is not interested to pursue the matter.
3. Accordingly, the revision petition is dismissed for
non-prosecution.
Sd/-
JUSTICE LALITHA KANNEGANTI
MEG
CT:BCK
