HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 176 OF 2019 C/W CIVIL REVISION PETITION NO. 175 OF 2019 IN CRP No. 176/2019 BETWEEN:

SRI. S.A. GANGADHARAPPA S/O ANJANAPPA, AGE 53 YEARS, RESIDING AT DOOR NO.126, HASIKARAGADA MANTAPA ROAD, KENGERI, BANGALORE SOUTH TALUK - 560 060.

…PETITIONER (BY SRI. B.O. CHANDRASHEKAR, ADVOCATE)

Digitally signed by AND:

SHARADAVANI B Location: HIGH

1. KARNATAKA STATE BOARD OF WAKFS COURT OF KARNATAKA "DARUL AWKAF", NO.6, CUNNINGHAM ROAD, BANGALORE - 560 052 REPRESENTED BY ITS SECRETARY.

2. THE ENQUIRY OFFICER AND ADDITIONAL CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKFS, DARUL AWKAF, NO.6, HC-KAR CUNNINGHAM ROAD, BANGALORE - 560 052.

3. THE MANAGING COMMITTEE JAMIYA MOSQUE, BANGALORE-MYSORE ROAD, KENGERI, BANGALORE(U) - 560 060 REPRESENTED BY ITS SECRETARY.

…RESPONDENTS (BY SRI. SYED SUHAIL ALI, ADVOCATE FOR R1 AND R2;

SRI. MOHAMMED TIPPU SULTHAN, ADVOCATE FOR R3)

THIS CRP IS FILED U/S.83(9) OF THE WAKFS ACT 1995 AGAINST THE ORDER DATED 15.12.2012 PASSED IN OS.NO.10/2011 ON ISSUE NO.9 ON THE FILE OF THE XXXI ADDL.CITY CIVIL JUDGE HOLDING CONCURRENT CHARGE OF PRESIDING OFFICER, KARNATAKA WAKF TRIBUNAL, BANGALORE DIVISION, BANGALORE AFFIRMATIVELY ANSWERING ISSUE NO 9 AND DISMISSING THE SUIT FILED U/S.54(4) OF WAKFS ACT 1995 AND ORDER VII RULE 1 OF CPC.

IN CRP NO. 175/2019 BETWEEN:

SRI. SUBRAMANI S/O CHINNAPPA AGE: 55 YEARS R/A HOUSE BEARING KHATHA NO.264, ANNAMMA DEVI TEMPLE ROAD KENGERI, BANGALORE SOUTH TALUK - 560 060 ...PETITIONER (BY SRI. B.O. CHANDRA SHEKAR, ADVOCATE)

HC-KAR AND:

1. KARNATAKA STATE BOARD OF WAKFS DARUL AWKAR, NO.6 CUNNINGHAM ROAD BENGALURU - 560 052 REP. BY ITS SECRETARY.

2. THE ENQUIRY OFFICER AND ADDITIONAL CHIEF EXECUTIVE KARNATAKA STATE BOARD OF WAKFS DARUL AWKAR, NO.6 CUNNINGHAM ROAD BENGALURU - 560 052.

3. THE MANAGING COMMITTEE JAMIYA MOSQUE BENGALURU-MYSORE ROAD KENGERI, BENGALURU (U) - 560 060 REP. BY ITS SECRETARY.

...RESPONDENTS (BY SRI. SYED SUHAIL ALI, ADVOCATE FOR R1 AND R2;

SRI. MOHAMMED TIPPU SULTHAN, ADVOCATE FOR R3) THIS CRP IS FILED UNDER SEC.83(9) OF THE WAKFS ACT 1995 AGAINST THE ORDER DATED 15.12.2012 PASSED ON ISSUE NO.9 IN OS NO.9/2011 ON THE FILE OF THE XXXI ADDL.CITY CIVIL JUDGE, HOLDING CONCURRENT CHARGE OF PRESIDING OFFICER, KARNATAKA WAKF TRIBUNAL BANGALORE DIVISION, BANGALORE AFFIRMATIVELY ANSWERING THE ISSUE NO.9.

HC-KAR THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard learned counsel for the revision petitioner and respondent.

2. In both these suits, revision petitioners are the plaintiffs. They had filed an application under Section

54(4) of the Wakfs Act, 1995 with the following prayer:

IN O.S.No.10/2011 i. To pass judgment and decree declaring that the order dated 30.05.2011 passed by the second defendant in enquiry proceedings No.ENQ/5/BNU/2003 is null and void as against the suit schedule property belonging to the plaintiff and the same is not binding on the suit schedule property.

ii. To pass judgment and decree of permanent injunction restraining defendants 1 to 3, their agents etc/ enforcing the order dated 30.05.2011 passed by the second defendant in enquiry proceedings No.ENQ/5/BNU/2003 as against the suit schedule property belonging to HC-KAR the plaintiff or interfering into the plaintiff’s peaceful possession and enjoyment of schedule property.

iii. To grant such other reliefs.

IN O.S.No.9/2011 i. To pass judgment and decree declaring that the order dated 30.05.2011 passed by the 2^nd defendant in enquiry proceedings No.ENQ/5/BNU/2003 is null and void as against the suit schedule ‘A’ and ‘B’ properties belonging to the plaintiff and the same is not binding on the schedule ‘A’ and ‘B’ properties.

ii. To pass judgment and decree of permanent injunction restraining defendants 1 to 3, their agents etc. from enforcing the order dated 30.05.2011 p