This

revision

is

filed

by

the

defendants

in

KWT/BJR/SR//OS-5/2012

being

aggrieved

by

the

judgment dated 5-8-2015 by the Presiding Officer,

Karnataka Wakf Tribunal, Belagavi, decreeing the suit of

the plaintiff under Section 83(9) of the WAKF Act, 1995.

2. The parties would be referred to as per their

ranks before the Tribunal for the sake of convenience.

3. The brief facts are as under:

(a) The respondent No.1/plaintiff filed the suit

against

the

defendants

seeking

decree

of

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declaration that he is the hereditary Mutavalli-

cum-Sajjad Nashin of the suit Dargah and

mandatory

injunction

to

remove

the

encroachment and also for permanent injunction

to restrain the defendant Nos. 1 to 4 from

encroaching the suit property.

(b) He contended that Dargah Hazarat Sayyed

Mohammad Bukhari @ Peer Jalal Bukhari @ Peer

Jalal Bukhari (hereinafter referred to as 'Dargah')

situated in CTS No.1595, SY.No.256/3A of Ward

No.VI of Vijayapura, measuring about 10 guntas

is the suit property and it now bears CTS

No.1595/2. He further contended that he is

hereditary Sajjada Nashin -cum-Mutavalli of the

said Dargah and is performing the religious

functions. It was alleged that the defendant

Nos. 1 to 4 are the trespassers and have

encroached

upon

the

suit

property.

The

defendant No.5, the Karnataka State Wakf Board

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recognized him as Sajjada Nashin and appointed

him as Mutavalli. It was alleged that defendant

Nos. 1 to 4 tried to encroach on the suit property

and the defendant No.1 buried his wife in the

suit property high handedly by trespassing into

the property and therefore, the plaintiff had filed

a suit bearing No.KWT/BJR/SR-4-2006 which

came to be dismissed on 31-10-2008 holding

that the plaintiff had not proved that he is a

Mutavalli of the Dargah. He further contended

that against the said dismissal, plaintiff preferred

Writ Petition No.40761/2008 before this Court

and the said writ petition came to be disposed of

on 4-11-2011 permitting the plaintiff to withdraw

the said suit and to file a fresh comprehensive

suit on the same cause of action. Consequently,

the judgment of dismissal in the said suit was

quashed.

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(c) He contended that after disposal of the said

suit, and during the pendency of Writ Petition

No.40761/2008, the plaintiff has been appointed

as the Mutavalli of the suit Dargah by defendant

No.5

vide

its

order

dated

13-10-2009.

Therefore, the plaintiff was constrained to file the

suit seeking declaration that he be declared as

the Mutavalli- cum- Sajjada Nashin of the

Dargah and the encroachment by the defendant

Nos. 1 to 4 be removed by way of mandatory

injunction

and

they

be

restrained

from

encroaching into the suit property. He also

contended that the defendant No.5 had filed an

application before the ADLR, Vijayapura, for

measurement and to know about the extent of

encroachment by defendant Nos. 1 to 4. After

survey, the ADLR, Vijayapura, gave a report

demarcating the area encroached by defendant

Nos. 1 to 4. In the meanwhile, one Lala Sab son

of Mohiddin Sab Karajagi, had filed OS

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No.3/2007

seeking

declaration

that

the

Certificate of Registration of the Wakf dated

25-8-1996 pertaining to the suit Dargah be

declared as null and void and it was dismissed on

25-1-2008.

(d) Similarly, one Mohiddin Baig Rahim Baig

Inamdhar had filed OS No.5/2010 to declare that

the order dated 3-6-2009 passed by the Law

Committee of the Wakf Board in LCC No.3/1996

and the gazette notification thereof appointing

the plaintiff as Mutavalli are null and void and

the said suit also came to be dismissed on

20-6-2012.

(e) Therefore, the plaintiff contended that he is

the Mutavalli and Sajjada Nashin as per the

orders passed by defendant No.5 and the said

orders of the defendant No.5 are not challenged

by defendant Nos. 1 to 4 and as such, the suit

deserves to be decreed.

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4. During the pendency of the suit defendant No.1

died and his legal heirs were brought on record