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2012 Supreme(Mad) 3232

G.RAJASURIA
Mahboob Basha – Appellant
Versus
Tamil Nadu Wakf Board, rep. by its Chief Executive Officer – Respondent


Advocates appeared:
For the Petitioners:M.M. Abdul Razack, A. Jenasenan, Advocates.
For the Respondents:S. Hajamohideen Gisthi, Advocate.

Judgment :-

1. Animadverting upon the order dated 5.3.2012 passed by the Principal District Judge, Chelglepet, in I.A.No.159 of 2011 in O.S.No.11 of 1934, these civil revision petitions are filed.

2. Compendiously and concisely, the germane facts absolutely necessary for the disposal of these civil revision petitions would run thus:

(i) The Wakf by name, Hazarath Syed Sha Hamed Owlia Darga, is covered by a scheme decree. While so, the District Court, which happened to be the Court, which formulated the scheme earlier, every now and then passed the orders appointing Muthavallies and also enabling the wakf to function.

(ii) In those circumstances, the Tamil Nadu Wakf Board, represented by its Chief Executive Officer, Chennai-1, filed I.A.No.159 of 2011 seeking the following relief:

"to pass orders transferring and vesting the administration and general superintendence of the suit wakf, namely,and its properties including the appointment of the trustees as per the scheme decree."

(extracted as such)

(iii) Mahboob Basha-the petitioner in C.R.P.No.1816 of 2012 filed the counter raising various pleas.

(iv) After hearing both sides, the Scheme Court, namely, the Principal District Judge





































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