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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
This revision petition is filed by the defendant in O.S.No.423/2022, pending consideration before the III Addl. Civil Judge and JMFC, Mangalore (hereinafter referred to as the ‘trial Court’ for short) assailing the order dated 09.11.2022 by which an application filed by it under Section 85 of the Waqf Act, 1995 read with Order 7 Rule 11(d) and Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) was rejected.
2. The parties shall henceforth be referred to as they were arrayed before the trial court.
3. The suit in O.S.No.423/2022 was filed for perpetual injunction restraining the defendant, its men, agents, servants, followers or any person claiming through or under it for dismantling the old tiled temple cum historical monu
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