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HIGH COURT OF KARNATAKA
R. Nataraj, J
JAMMA MASJID MALALIPETE – Appellant
Versus
SRI DHANANJAY – Respondent
| Table of Content |
|---|
| 1. jurisdiction of civil courts in waqf disputes. (Para 1 , 2) |
| 2. claim of temple existence under mosque and government land contention. (Para 3 , 4 , 5 , 6 , 9 , 10) |
| 3. trial court decision on plaint rejection and jurisdiction affirmed. (Para 11 , 12 , 21) |
| 4. defense's claim of waqf status and its implications. (Para 13 , 14 , 15 , 18 , 20) |
| 5. court's ruling on plaintiff's right based on plaint averments. (Para 16 , 17 , 22 , 23) |
ORDER
2. The parties shall henceforth be referred to as they were arrayed before the trial court.
4. The plaintiffs claimed that they are the residents of Tenka Ulipady village of Mangalore Taluk. The defendant is a Masjid which is established on the suit property and used by the local Muslims. The plaintiffs claimed that, they were informed that there existed a temple in the precincts of the Mosque which was being worshiped by their ancestors. However, after invasion by the Mughals, the entry to the temple was prohibited and no one else other than Muslims were allowed to enter the precincts of the Masjid. The plaintiffs claimed that the Managing Committee of the Masjid had demolished and dismantled the existing Masjid with an intention to constr
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