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A. Y. KOGJE, SAMIR J. DAVE
AULIYAE DEEN COMMITTEE – Appellant
Versus
HARJIBHAI K VADHVANIYA – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. RULE. Learned AGP Mr. Vinay Vishen waives service of Rule on behalf of respondent No. 1 and Mr. Manish Shah waives service of Rule on behalf of respondent No. 2.
2. This petition is filed seeking direction to take action against the respondents under the provisions of Section 10 of the Contempt of Courts Act allegedly for deliberate breach of order dated 19.01.2016 passed below Exh.5 in Regular Civil Suit No. 51 of 2015 passed by 2nd Additional Senior Civil Judge, Veraval.
3. By the aforesaid order, temporary injunction was granted against the defendants restraining them from not to undertaking any construction activities or to interfere or obstruct the usage of land bearing Chalta No. 26 and revenue survey No. 1853 and Chalta No. 358, revenue survey No. 1852 popularly identified as “Mangroli Shah Kabrastan.”
4. Learned Advocate Mr. Hakim for the petitioner submitted that revenue survey No. 1852, admeasuring 4 acres and 23 gunthas was allotted to the Trustees/Mutawallis Peer Salarshah Dargah through settlement deed and the said Trust has been managed by hereditary mode of succession. In the land bearing revenue survey No. 1852, there is some encroachment by
An injunction order loses its efficacy upon the transfer of a case to a tribunal with jurisdiction, rendering subsequent actions not contemptuous.
The main legal point established in the judgment is that a party may be entitled to relief under a specific provision of law, even if the exact relief sought is not explicitly provided for, as long a....
The main legal principle established is that the jurisdiction of the Civil Court, Revenue Court, and other authorities in respect of any dispute relating to a waqf property is barred by Section 85 of....
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.
Wakf Property - Rejection of plaint - Bar to the tenability of the suit in the absence of prayer of possession, does not apply with equal force.
Section 37 will not come in the way of execution of decisions taken by Waqf Tribunal which has force of decree of a civil court under Sub-section (7) of Section 83 in view of specific stipulation con....
The Civil Court retains jurisdiction to execute waqf-related decrees even after the establishment of the Waqf Tribunal, and necessary parties must be included in execution proceedings.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
(1) Suit for permanent injunction in respect of Waqf property is maintainable before Waqf Tribunal.(2) Waqf Tribunal shall be deemed to be a Civil Court and shall have same powers as may be exercised....
The key legal principle established in the judgment is that the grant of interim injunction by the Waqf Tribunal must be based on the plaintiff's establishment of possession of the property at the ti....
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