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2016 Supreme(AP) 362

M.SATYANARAYANA MURTHY
Syed Jalal – Appellant
Versus
Govt. of A. P. , Social Welfare (CV2) Department, Secretariat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Abdul Muqeeth Qureshi
For the Respondents: S.M. Subhani

JUDGMENT :

1. This revision petition, under sub-Section 9 of Section 83 of the Wakf Act, 1995 (for short, the Act), is filed challenging the Order dated 08.03.2016 in I.A. No.458 of 2015 in O.S. No. 59 of 2013 passed by the Andhra Pradesh State Wakf Tribunal at Hyderabad, (for short, the Tribunal), whereby the application filed under Rule 11 of Order VII of the Code of Civil Procedure, 1908 (for short, CPC) read with Section 87 of the Act was allowed rejecting the plaint filed before it on the ground that the plaint does not disclose cause of action for the suit.

2. The parties hereinafter be referred to as arrayed in the suit before the Tribunal, for convenience of reference.

3. The defendants 1 to 5 filed a petition in I.A. No. 458 of 2015 before the Tribunal under Rule 11 of Order VII of CPC read with Section 87 of the Act alleging that the plaintiff filed suit in O.S. No.59 of 2013 for cancellation of sale deed dated 12.01.2013 conveying the property in Sy.No.113 admeasuring Ac.4.72 cents situated at Pernamitta Village, Santhanuthalapadu Mandal, Prakasam District, Andhra Pradesh, without any basis, only to harass them. The said suit is filed as if the property is a wakf property.




































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