Smt. Zohra Sayeed W/O Syed Rasheed Ali vs The Chariman Karnataka Wakfs Board, & ... on 9 April, 2013

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Karnataka High Court

Smt. Zohra Sayeed W/O Syed Rasheed Ali vs The Chariman Karnataka Wakfs Board, & ... on 9 April, 2013

Bench: Huluvadi G.Ramesh

                        1




        IN THE HIGH COURT OF KARNATAKA
           CIRCUIT BENCH AT GULBARGA

      DATED: THIS THE 9TH DAY OF APRIL, 2013

                     BEFORE

 THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH

             C.R.P.NO. 2004 OF 2013

BETWEEN

SMT.ZOHRA SAYEED W/O. SYED RASHEED ALI
D/O. SYED SHAH MAQDUM HUSSAINI
(DECEASED SAJJADA MUTAWALLI OF
DARGAH HAZRAT SYED SHAH RAJU BURHAN
KATTA NAWAZ, VILLAGE NAGOR
TQ: AND DIST: GULBARGA)
AGED ABOUT 64 YEARS, OCC: HOUSEHOLD
R/O. NAYA MOHALLA, MIZGORI
GULBARGA - 585102
PRESENTLY RESIDES AT NEW COLONY
ROSHAN GATE, AURANGABAD
                                    ...PETITIONER

(BY SRI DEEPAK V. BARAD, ADVOCATE)

AND

1. THE CHAIRMAN
   KARNATAKA WAKFS BOARD
   NO.6, CUNNINGHAM ROAD
   BANGALORE - 560002

2. THE CEO
   KARNATAKA WAKFS BOARD
   NO.6, CUNNINGHAM ROAD
   BANGALORE - 560002
                            2




3. THE CHAIRMAN
   DISTRICT WAKFS ADVISORY COMMITTEE
   MADINA BUILDING, MAIN ROAD
   GULBARGA - 585102

4. SYED SHAH SIRAJUDDIN HUSSAINI
   S/O. SYED SHAH BASHIRUDDIN HUSSAINI
   AGE: MAJOR, OCC: BUSINESS
   R/O.H.NO.1-195, BEHIND RAJ DARBAR
   RESTAURANT, AIWAN-E-SHAHI
   GULBARGA - 585102
                                   ...RESPONDENTS

(BY SRI P. S. MALIPATIL, ADV. FOR R1 & R2;
SRI LIYAQAT FAREED USTAD, ADV. FOR R3;
NOTICE TO R4 IS D/W V/O DTD. 09.04.2013)

     THIS CRP IS FILED U/S.83(9) OF THE WAKF ACT,
1995 R/W SEC.115 OF CPC PRAYING TO SET ASIDE THE
ORDER DATED 28.11.2012 PASSED IN MISC.NO.3/2012
BY THE PRESIDING OFFICER, WAKF TRIBUNAL,
GULBARGA AND SET ASIDE THE ORDER DATED
17.09.2012 PASSED IN THE MISC.NO.1/2012 BY THE
PRESIDING OFFICER, WAKF TRIBUNAL, GULBARGA AND
ALSO SET ASIDE THE ORDER DATED 18.05.2012 PASSED
IN THE APPLICATION NO.5/2012 BY THE PRESIDING
OFFICER, WAKF TRIBUNAL, GULBARGA AND RESTORE
APPLICATION NO.5/2012 TO ITS ORIGINAL STAGE.

     THIS CRP COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                       ORDER

Sri.P.S.Malipatil is directed to take notice for respondent Nos.1 and 2.

Sri.Liyaqat Fareed Ustad is directed to take notice for respondent No.3.

Notice to respondent No.4 is dispensed with. Heard.

2. This revision petition is filed seeking setting aside the order of Wakf Tribunal, dismissing the petition for non-prosecution. In the interest of justice, the matter is restored on board for disposal on merits. Application No.5/2012 is restored on the Board of Wakf Tribunal and the same shall be disposed of after hearing both the parties.

Learned counsel Sri.P.S.Malipatil and Sri.Liyaqat Fareed Ustad are permitted to file Vakalat within four weeks.

Revision Petition is allowed.

Sd/-

JUDGE Srt

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