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2021 Supreme(Kar) 27

H.B.PRABHAKARA SASTRY
Majalis-E-Intizamiya Masjid, Represented by its President, Dr. Khaleel Ahmed – Appellant
Versus
Masjid-E-Peerpasha Quadri (Sunni) Represented by its President, Abdul Nabisab S/o Gaibusab Chatni – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri F.V. Patil, Advocate
For the Respondent:Sri. Ahmed Ali Rahiman Shah, Advocate, Sri. D.L. Ladkhan, Advocate.

ORDER :

The present petitioner was defendant No.1 and the present respondent No.2 was defendant No.2 in O.S. No.12/2010 before the Karnataka Wakf Tribunal, Gulbarga Division, Gulbarga (for brevity, hereinafter referred to as ‘Tribunal’) which suit was filed by present respondent No.1 as a plaintiff for the relief of declaration that the corrigendum dated 03.11.2008 was not binding on the plaintiff and the gift deed dated 24.12.1969 also was not binding on the plaintiff and for perpetual injunction, alternatively for recovery of possession and for costs.

2. The summary of the case of the plaintiff before the Tribunal was that plaintiff – Masjid is a Waqf recognized by the 2nd defendant i.e. Karnataka State Board of Wakfs, Bangalore. Plot Nos.2664 to 2668 were the Waqf properties attached to plaintiff – Masjid. The same was notified in the Gazette Notification dated 31.01.1974 at serial No.68. Since the year 1974, plaintiff is in possession and managing the said Masjid which is situated in plot No.2666 and surrounding area comprising other plots. All the plots bearing Nos.2664 to 2668 were granted to the plaintiff by Nizam of Hyderabad as far back as 1350 – 1355 fasli corresponding to

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