Karnataka High Court
M/S Hajee Ebrahim Sait Wakf vs Syed Wazeer Abbas on 18 February, 2016
-1-
CRP.No.556/2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
CIVIL REVISION PETITION NO.556/2013
BETWEEN:
M/S. HAJEE EBRAHIM SAIT WAKF
HAVING OFFICE AT NO.47, SECOND FLOOR
GREAMS ROAD, CHENNAI - 600 006
REPRESENTED BY ITS MUTHAVALLI
M.FUAAD MUSVEE, AGED MAJOR
S/O LATE M.EBRAHIM MUSVEE ... PETITIONER
(BY SRI M.G.JAVEED AHMED KHAN, ADVOCATE)
AND:
1. SYED WAZEER ABBAS
S/O LATE SYED AHMED ALI
NO.3, SALEH ARCADIA APARTMENTS
LEONARD LANE, RICHMOND TOWN
BANGALORE - 560 025
2. SYED ZAHEER ABBAS
S/O LATE SYED AHMED ALI
NO.96, AUSTIN TOWN LAYOUT MAIN ROAD
OPP. BDA COMPLEX
AUSTIN TOWN, BANGALORE - 560 046
3. SYED ALI ABBAS
S/O LATE SYED AHMED ALI
NO.21, CASTLE STREET
BANGALORE - 560 025
4. SYED GULAM ABBAS
S/O LATE SYED AHMED ALI
IK MAIN ROAD, ALIPUR
-2-
CRP.No.556/2013
VIA THONDE BAAVI POST
GOWRIBIDANUR TALUK - 562 101
5. SYED MOHAMMED ABBAS
S/O LATE SYED AHMED ALI
NO.39, VENKAT REDDY LAYOUT
80 FEET ROAD
KORAMANGALA 6TH BLOCK
BANGALORE - 560 080
6. SHAHWAR BEGUM
D/O LATE SYED AHMED ALI
I.K. MAIN ROAD, ALIPUR
VIA THONDEBAAVI POST
GOWRIBIDANUR TALUK - 562 101
7. SHAHENSHAH BEGUM
D/O LATE SYED AHMED ALI
I.K.MAIN ROAD, ALIPUR
VIA THONDEBAAVI POST
GOWRIBIDANUR TALUK - 562 101
8. GULNAZ BEGUM
D/O LATE SYED AHMED ALI
NO.6/1, 4TH CROSS
AANEPALYA
BANGALORE - 560 030
9. KAWALNAWAZ BEGUM
D/O LATE SYED AHMED ALI
I.K.MAIN ROAD, ALIPUR
VIA THONDEBAAVI POST
GOWRIBIDANUR TALUK - 562 101 ...RESPONDENTS
(BY SRI NAVEED AHMED, ADVOCATE FOR R-3;
SRI SHAIK SOUD, ADVOCATE FOR R-9;
R-1,R-2,R-4,R-5,R-6 & R-7 SERVED;
R-8 - SERVICE OF NOTICE HELD SUFFICIENT
V/O DTD.28.10.14)
THIS CRP FILED UNDER SEC.18 OF SMALL CAUSES
COURTS ACT, AGAINST THE ORDER DATED 11.11.2013 PASSED
IN S.C.15470/2011 ON THE FILE OF V ADDITIONAL SMALL
CAUSES COURT AND XXIV ACMM, BANGALORE, ALLOWING
-3-
CRP.No.556/2013
I.A.NO.XVIII AND XIX FILED U/S 36 AND 87 OF THE WAKF ACT,
1995 R/W SEC 151 OF CPC.
THIS CRP COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
1. Learned counsel on both sides submit that as on the date of passing of the impugned order i.e. 11.11.2013, Section 87 of the Wakf Act, 1995 ('the Act') was not in operation as it was omitted by Wakf (Amendment) Act, 2013 (Act No.27 of 2013) with effect from 1.11.2013.
2. In view of the above, the impugned order is liable to be set aside and the matter requires to be reconsidered by the trial court as the trial court has dismissed the suit as not maintainable by relying on Section 87 of the Act though Section 87 of the Act was not in force as on the date of passing of the impugned order. Accordingly, I make the following order:
(i) The impugned order dated 11.11.2013 passed in the suit in S.C.No.15470/2011 dismissing the suit as not maintainable is set aside. The matter is remitted to the trial -4- CRP.No.556/2013 court for reconsideration in accordance with law. All contentions of both the parties in the suit are kept open.
(ii) Learned counsel on both sides submit that the parties will appear before the trial court on 10 March 2016.
Their submission is placed on record. Accordingly, the trial court shall take the suit on board on 10 March 2016.
(iii) As the suit is of the year 2011, the trial court is directed to dispose of the suit expeditiously.
(iv) The revision petition stands disposed of in the above terms. In view of disposal of the revision petition, pending interlocutory applications do not survive for consideration; they stand disposed of accordingly.
(v) Registry to return the LCR to the trial court forthwith.
Revision petition disposed of.
Sd/-
JUDGE hkh