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M. G. S. KAMAL
Syed Adil Basha Quadri Since Dead By His Lrs – Appellant
Versus
Syed Azadullah Since Dead By His Lrs – Respondent
JUDGMENT :
M.G.S.Kamal, J.
A suit in O.S.No.92/1988 on the file of Additional Civil Judge and JMFC, Channapatna (hereinafter referred to as trial Court') is filed by one Syed Mohammed Ghouse Pasha Quadri - the plaintiff seeking relief of declaration declaring him to be the Sajjadanashin of Hazarat Akhil Shah Quadri Dargah, Channapattana (hereinafter referred to as ‘suit dargah’) and for consequential relief of permanent injunction against defendants 1 to 6 and the Karnataka State Board of Waqf -the defendant No.7, in which nephew of the plaintiff namely Syed Mohammed Adil Pasha Quadri, got himself impleaded as defendant No.8 and while denying the case of the plaintiff he made a counter claim to declare him as Sajjadanashin of the suit Dargah. Thereafter one Syed Usman Pasha Quadri got himself impleaded as defendant No.9 also claiming to have been appointed as Sajjadanashin of the suit Dargah. By the impugned Judgment and decree dated 20.12.2019 the trial Court while dismissing the suit of the plaintiff decreed the counter claim made by defendant No.8 with cost.
2. As against the dismissal of his suit plaintiff preferred a regular appeal in R.A.No.7/2020 and as against grant of counter
The jurisdiction over the appointment of Sajjadanashin is exclusively vested in the Karnataka State Board of Waqf, and civil courts cannot adjudicate such matters.
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....
Succession to the office of Sajjadanashin is determined by nomination and established hereditary practice, affirmed by concurrent judicial findings.
The Mutawalli's role is managerial and does not grant the authority to file suit on behalf of a mosque, which can only be done by the Waqf Board.
The appointment of a Mutavalli by the Wakf Board is valid and binding, and the scope of judicial review in WAKF matters is limited to assessing the legality and propriety of Tribunal decisions withou....
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
The Waqf Board holds original jurisdiction over mutawalli appointments, while the Tribunal's role is appellate, as established by the Waqf Act.
The court underscored the necessity of due process, stating administrative resolutions lack validity if issued without proper notice to affected parties, ensuring adherence to principles of natural j....
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