The main legal point established is that the Wakf Tribunal had no jurisdiction to issue a certificate of registration when the Civil Court had already decided the property was not a public or Wakf property.

1. This Civil Revision Petition and also the Writ Petition are filed calling in question the common judgment passed by Karnataka Wakf Tribunal, Belgaum Division, Belgaum in case No.KWT/BJR/(OS)/SR-13/2010 dated : 15.04.2013 in decreeing the suit of the plaintiffs declaring that Ex.P-5 - Certificate of Registration bearing No.KBW/REG/5/BJR/2009-10 dated : 14.10.2009 issued by 1st respondent, as null and void.

2. The petitioners in CRP No.200006/2014 are the plaintiffs before the Wakf Tribunal. Some of the petitioners by name Rustum Suleman Mujjawar claimed himself to be the President of Badni Boudi Masjid cum Ashur Khana, Indi Road, Rajput Galli, Bijapur, who is the defendant no.3 before the Wakf Tribunal has filed the writ petition in W.P.No.102315/2013 challenging the said order.

3. For the purpose of easy understanding and convenience, the ranks of the parties as per their ranks before the Wakf Tribunal is retained.

4. It is just and necessary to have the brief factual matrix of the case before the Wakf Tribunal to ascertain whether Wakf Tribunal is right in decreeing the suit and also nullifying the effect of the certificate as per Ex.P-5.

5. The case of the plaintiffs is that the suit property is Exit in land CTS No.1084 in Survey No.18, Rajaput Galli, Indi Road, Bijapur measuring 13-guntas out of 4-Acres 36-Guntas. The plaintiffs claimed that plaintiff no.1 is the absolute owner in possession and enjoyment of the entire immovable property measuring 2-acres 11-guntas in the said Sy.No.18/1 of Mahalbagayath village, Tq. & Dist.Bijapur and claiming that the said property is their ancestral property having inherited the same from their forefathers. It is contended by the plaintiffs that on the basis of an application filed under Section 36 of Wakf Act, 1995 by the 3rd defendant, the Wakf Board (defendant no.1) has unilaterally issued a certificate of registration vide No.KBW/REG/5/BJR/2009-10 dated : 14.10.2009 declaring the said property as a public and Wakf property in the name of Badni Boudi Masjid cum Ashur Khana (3rd defendant ).

6. The plaintiffs in fact being aggrieved by the said certificate have called in question in the suit noted above for declaration that the said certificate of registration issued by the 1st defendant as null and void and for such other orders as Tribunal deems fit in the facts and circumstances of the case. The plaintiffs have relied upon the suit filed by the defendant no.3 Badni Boudi Masjid cum Ashur Khana through some members by name Sulemansab, Pradipsing and others., against the plaintiffs herein in O.S.No.74/1995, wherein, after due contest, the trial Court i.e. II Addl. Civil Judge Bijapur dismissed the suit of the plaintiffs on holding that the said property is not a public property. The plaintiffs claimed that, said certificate is null and void and the Board had no jurisdiction to issue such certificate when the Civil Court has already decided the issue with regard to the declaration that it is not a public property or a Wakf property. Therefore, the plaintiffs have called in question the said judgment of the Tribunal before this Court that the Tribunal had its jurisdiction to decide any issue with regard to the title of the property or the possession over the property as the matter is seized before the Civil Court.

7. In Writ Petition No.102315/2013, the petitioner also admitted and has contended that though the suit in O.S.NO.74/1995 has been dismissed, however, the aggrieved plaintiffs therein in the said suit have preferred an appeal in R.A.No.23/2006 which is re-numbered as R.A.No.95/2006 and the same was dismissed for non prosecution but a miscellaneous application bearing Misc.No.77/2012 is filed which is pending before the District Judge at Bijapur. Therefore, when the litigation is not fully completed between the parties and not reached the logical conclusion, in the meantime, issuance of the certificate declaring the said property as Wakf Property is proper and correct by th