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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
RAJASTHAN BOARD OF MUSLIM WAQF – Appellant
Versus
SHRI NEELKANTH SEWA SANSTHAN – Respondent
| Table of Content |
|---|
| 1. court's findings on evidence (Para 7) |
| 2. writ petition dismissed (Para 8) |
Order :
1. The instant writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-
“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by an appropriate writ, order, or direction, (i) The impugned order dated 01.03.2021 (Annex.8), passed by the Civil Judge, East, Bhilwara in Civil Original Suit No.53/2020 may kindly be quashed and set aside.
(ii) The application dated 10.08.2020 (Annexure- 5) filed under under Order 1 Rule 10 CPC by the petitioner-applicant Rajasthan Board of Muslim Waqf may kindly be allowed and Rajasthan Board of Muslim Waqf may kindly be impleaded as party defendant in Civil Original Suit No.53/2020 pending in the Court of Civil Judge, East, Bhilwara
2. Brief facts of the case are that the respondents-plaintiffs Nos.1 and 2 filed a suit (Annexure-1) for permanent and mandatory injunction on the construction of hall in Kabristan raised by the Municipal Council, Bhilwara. Also, an application (Annexure-2) seeking temporary injunction was filed along with the plaint. Subsequ
A party seeking impleadment must demonstrate their relevance and necessity for adjudication, supported by adequate evidence, particularly in cases involving property claims.
Claimants to waqf property must file independent suit to establish title; cannot seek impleadment in waqf's injunction suit against encroachers.
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....
Writ petitions under Article 226 can be dismissed as withdrawn when similar relief has been previously sought and is unresolved.
Jurisdiction over disputes related to Waqf properties lies exclusively with Waqf Tribunals, barring civil court intervention, as reinforced by the WAQF ACT, 1995 and Supreme Court precedents.
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.
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