The court affirmed the hereditary Muthawalli's rights to manage the Dargah's affairs, emphasizing community recognition and historical lineage over contested claims.

ORDER :

J.M.KHAZI, J.

In this petition filed under Section 83(9) of WAKF ACT , 1995 r/w Section 115 of the Code of Civil Procedure , defendant Nos.1 to 6 have challenged the judgment and decree dated 20.08.2024 passed by the Waqf Tribunal, Kalaburagi Division Kalaburagi, in O.S.No.4/2019, granting decree of permanent injunction restraining defendant Nos.1 to 17 from interfering with plaintiff discharging the day-to- day affairs of the Dargah Hazrath Shah Haji Ibrahim Qadri (Sunni) of village Masarkal, Deodurga Taluk, Raichur District (‘Dargah’ for short).

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Plaintiff filed the suit in question seeking relief of permanent injunction contending that the Dargah in question is a notified Waqf institution. It is in existence since time immemorial. Thousands of devotees, irrespective of their caste and creed visit the Dargah and pay their obeisance, Nazrana and Fathekhowani and also attend Annual ‘Urs-E-Shareef’ and Chiraghan of the holy saint. It is notified at Sl.No.51 in the Official Gazette published by the Karnataka Board of Awkaf vide the Notification dated 18.02.1974 relating to the Deodurga Taluk.

4. At the time of survey, the great grandfather of plaintiff by name, Bahauddinsab S/o Ibrahimsab was rendering the services to the Dargah as Muthawalli and accordingly, his name is published in the official Gazette as notified Muthawalli. After his death, his only son Mehboob Ali stepped into his shoes and looked after all the affairs of the Dargah and performing the Annual Urs. After his death, his eldest son Ahmed Pasha, who is no other than the father of the plaintiff stepped into his shoes as per “Law of Primogeniture” and family custom and became the Muthawalli and performed the duties of hereditary Muthawalli, including conducting Annual Urs. Vide the order dated 17.06.1998, the Board appointed him as a Muthawalli. After the death of his father, plaintiff is performing the duties of Muthawalli and Sajjadanasheen, including Annual Urs under the supervision of Karnataka Board of Awkaf.

5. In fact, he applied to the Board for appointment as hereditary Muthawalli. After holding a full fledged enquiry, recording the statements of the villagers and conducting mahazar, vide order dated 18.06.2018, plaintiff was appointed as Muthawalli for one year. After the expiry of the said period vide order dated 27.09.2019, the plaintiff is appointed as Muthawalli for a period of three years. He is carrying on the duties of Muthawalli without any complaints. However, defendants who are inimical towards the plaintiff are trying to interfere in celebration of Annual Urs of the said Dargah. They filed a suit in O.S.No.14/2018 for declaration and injunction. However, the Wakf Tribunal rejected the application filed by them for temporary injunction. Defendants have not challenged the said order and as such, it has become final. Before filing of this suit, from 23^rd to 25^th of March 2019, defendant supported by antisocial elements came near the suit property. They warned and gave threat/ultimatum to the plaintiff as to how he is going to perform the Annual Urs, forcing him to file the suit.

6. Defendant No.4 has filed written statement and it is adopted by defendant Nos.1 to 3, 5 and 6. Similarly, defendant No.7 has filed written statement and it is adopted by defendant Nos.8 to 12.

7. In their written statements, these defendants admit that suit Dargah is a notified Waqf Institution, notified at Sl.No.51 of Gazette Notification dated 18.02.1974 of the Deodurga Taluk. However, they have denied that at that time Bahuddi