CRP NO.41/2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE SURAJ GOVINDARAJ

CRP NO.41 OF 2019

BETWEEN:

SRI KHALIFA SHAH BABA SHAIKH

SHAHBUDDIN KHALANDAR HUSSAINI

SOHARWARDI, AGED ABOUT 63 YEARS,

S/O HAJI MAHBOOB SAB,

SAJJADA NASHEEN-CUM-MUTHAVALLI,

DARGAH HAZRATH SYED JALAL KHAKI

SHAH VALI (RA), NIMKAYALAHALLI VILLAGE,

MURGUMULLA HOBLI, CHINTAMANI TALUK,

DISTRICT CHIKKABALLAPUR.

... PETITIONER

(BY SRI. SHAIKH SAOUD, ADVOCATE - ABSENT)

AND:

1.

THE KARNATAKA STATE BOARD OF WAKFS,

"DARUL AWKAF",

NO.6, CUNNINGHAM ROAD,

BANGALORE - 560 052.

REPRESENTED BY IT'S

CHIEF EXECUTIVE OFFICER.

2.

THE MANAGING COMMITTEE,

DARGAH HAZRATH SYED JALAL

KHAKI SHAH VALI (RA),

NIMKAYALAHALLI VILLAGE,

MURGUMULLA HOBLI,

CHINTAMANI TALUK,

DISTRICT CHIKKABALLAPUR,

REPRESENTED BY ITS SECRETARY,

ZAMRUD PASHA,

S/O LATE IBRAHIM SHARIFF.

... RESPONDENTS

-----

CRP NO.41/2019

2

THIS CRP IS FILED UNDER SECTION 83(9) OF THE WAKF

ACT

1995

AGAINST

THE

JUDGMENT

AND

DECREE

DATED:11.11.2011 PASSED IN OS.NO.2/2008 ON THE FILE OF THE

XXXI ADDITIONAL CITY CIVIL JUDGE HOLDING CONCURRENT

CHARGE OF PRESIDING OFFICER, KARNATAKA WAKF TRIBUNAL,

BENGALURU DIVISION BENGALURU, DISMISSING THE IA.NO.1

FILED UNDER SC.89 OF THE WAKF ACT FOR DISPENSING WITH

THE ISSUANCE OF THE NOTICE UNDER SEC.89 OF WAKF ACT AND

DISMISSING THE SUIT AS NOT MAINTAINABLE..

*****

THIS CRP COMING ON FOR ORDERS, THIS DAY, THE COURT

MADE THE FOLLOWING:

ORDER

1.

None appears for the petitioner today also.

2.

Despite

the

order

dated

17.09.2021,

the

office

objections have not been complied with.

3.

The petition is dismissed for non-prosecution.

Sd/-

JUDGE

KTY