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M. M. SUNDRESH, VIPUL M. PANCHOLI
Syed Mohammed Adil Pasha Quadri Alias Syed Budan Sha Quadri – Appellant
Versus
Syed Hasnal Mussanna Sha Khadri & Ors. Etc. – Respondent
| Table of Content |
|---|
| 1. entitlement to sajjadanashin of waqf dargah (Para 3) |
| 2. procedural overview and decisions in prior courts (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. evaluation of evidence by trial court (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. authority and jurisdiction of civil courts affirmed (Para 31 , 32 , 33) |
| 5. restoration of trial court's verdict (Para 44) |
JUDGMENT :
1. Leave granted.
FACTUAL BACKGROUND
3.1. The present litigation involves a challenge to the final judgment and order dated 16.12.2024 passed by the High Court of Karnataka in Regular Second Appeals (RSA) Nos. 1004, 1064, 1069, and 1141 of 2023. The core of the controversy pertains to the entitlement to the spiritual and hereditary office of Sajjadanashin of the Hazarath Akhil Shah Quadri Dargah (popularly known as the “Big Makan”) situated at Channapatna, Ramanagara District.
3.3. The historical pedigree of the institution traces back to the founder, Janab Hazrath Syed Mohammed Akhil Shah Quadri, who was a spiritual mentor to Nawab Hyder Ali Khan Bahadur of the Mysore State. Official Muzrai records dating back to 16 June 1904 (marked as Ex. P-18) reflect that the great-grandfather of the present Petitioner, Syed Sultan Mohadin
Civil Courts retain jurisdiction over the spiritual office of Sajjadanashin despite statutory considerations under the Waqf Act, emphasizing the distinct nature of spiritual versus administrative rol....
The jurisdiction over the appointment of Sajjadanashin is exclusively vested in the Karnataka State Board of Waqf, and civil courts cannot adjudicate such matters.
The Waqf Board holds original jurisdiction over mutawalli appointments, while the Tribunal's role is appellate, as established by the Waqf Act.
Succession to the office of Sajjadanashin is determined by nomination and established hereditary practice, affirmed by concurrent judicial findings.
The main legal point established in the judgment is the lack of clear guidelines for the appointment of Mutawalli, leading to biased and arbitrary decisions by the Wakf Board, and the intervention of....
(1) Suit for permanent injunction in respect of Waqf property is maintainable before Waqf Tribunal.(2) Waqf Tribunal shall be deemed to be a Civil Court and shall have same powers as may be exercised....
Wakf properties – Jurisidction of wakf tribunal - merely because the present petitioner as defendant No.1 appears to have participated in the proceedings and contested the suit before the Tribunal, b....
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
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