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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA
Janab Shabbir – Appellant
Versus
Karnataka State Board of Auqaf Represented By State Executive Officer – Respondent
ORDER :
V SRISHANANDA, J.
1. Heard Sri. Tajuddin, learned counsel for the revision petitioner and Sri. Anand Kumar for Sri. P.S. Malipatil, counsel for respondent No.3. Sri. Haneef M.H., learned counsel for respondent No.1 absent. Respondent No.2 - Officer of the Waqf, District Waqf Office Shivamogga served and unrepresented.
2. Revision petitioner Sri Janab Shabbir filed an appeal before the Waqf Tribunal, Bengaluru in Appeal No.2/2019, challenging the Order No. KTW/BLLS/116/SMG/2009-10, dated 11.07.2014 as is mentioned in Gazette Notification No.MWB/19(3) dated 23.02.1965 notified at serial numbers 425/ 426/ 427/ 428/ 429/ 430/ 431 and 452 in respect of the land measuring 15-00 acres in Sy.No.49 of Aralikoppa Village, Sagar Taluk, Shivamogga District.
3. The appeal was admittedly a belated appeal and therefore filed an application under Section 5 of the Limitation Act to condone the delay of in filing the appeal.
4. In para 6 of the affidavit, in support of application filed under Section 5 of the Limitation Act, the appellant has contended that he came to know about the notification and the Order on 01.02.2019, wherein appellant was called over telephone by somebody and informed
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The main legal point established in the judgment is that the relief sought in the main application relates to a continuing cause of action and hence the question of limitation does not arise. The cou....
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
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....
The rejection of a plaint for lack of cause of action must be substantively justified; merely asserting lack of merit without proper consideration of presented evidence is insufficient.
Point of Law : It is therefore evident that despite fact that revisionist was removed from his post as Mutawalli/Secretary of managing committee of waqf, application filed by him under Section 83(2) ....
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Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
The definitions of 'interested person' and 'aggrieved person' in the Waqf Act are interrelated, allowing a devotee of a Waqf property to challenge decisions affecting their rights to access and utili....
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