IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1876 OF 2025 BETWEEN:

1. NOOR MOHAMMED KHAN S/O. LATE B.N. AKRAM ALI KHAN @ AMJAD KHAN, 47 YEARS NO.8/1, 1^ST MAIN ROAD RAHAMATH NAGAR OPP MLA LAYOUT BANGALORE-560032 2. AKBER ALI KHAN S/O. LATE B.N. AKRAM ALI KHAN @ AMJAD KHAN, 47 YEARS, NO.8/1, 1^ST MAIN ROAD RAHAMATH NAGAR OPP MLA LAYOUT BANGALORE-560032 Digitally signed by …APPELLANTS NAGARAJA B M Location: HIGH COURT OF (BY SRI. T.A.KARUMBAIAH, ADVOCATE FOR KARNATAKA MS. VINITHA P.C., ADVOCATE)

AND:

1. THE KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM ROAD BENGALURU-560052.

2. THE LAW COMMITTEE KARNATAKA STATE BOARD OF AUQAF NO.6, CUNNINGHAM ROAD BANGALORE-560052.

3. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNINGHAM ROAD, BANGALORE-560052.

4. THE DISTRICT WAQF OFFICER BENGALURU URBAN SOUTH DISTRICT NO.16, 2^ND FLOOR, HAMEED SHAH COMPLEX, CUBBONPET, BANGALORE-560002. 5. JABIR ALI KHAN S/O. LATE MOHAMMED RAZA ALI SHAH AGED ABOUT 64 YEARS SHUTTARI, CHISTI, NIZAMIUL KHADRI, NO.10/1 SADAR PATHRAPPA ROAD BANGALORE-560 002.

…RESPONDENTS (BY SRI. MOHAMMAD NIYAZ S., ADVOCATE FOR R1 TO R4;

SRI G. KRISHNA MURTHY, SR. COUNSEL FOR MOHAMMED ARIF KHAN MAKKI, ADVOCATE FOR R5)

THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE

1 OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS IN APPLICATION NO.7/2025 FROM THE FILE OF THE KARNATAKA WAQF TRIBUNAL, BANGALORE DN BANGALORE AND TO SET ASIDE THE ORDER DATED 7.05.2025 PASSED BY THE KARNATAKA WAQF TRIBUNAL, BANGALORE., DN., BANGALORE., ON IA NO.1 FILED UNDER SEC.5 OF THE LIMITATION ACT IN APPLICATION NO.7/2025 AND ALLOW THE SAID APPLICATION CONSEQUENTLY DIRECT THE TRIBUNAL TO RESTORE THE APPLICATION TO ITS ORIGINAL FILE AND TO PROCEED APPLICATION NO.7/2025 ON MERIT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

Captioned appeal is by the applicants assailing the order of the Waqf Tribunal dated 07.05.2025 passed in Application No.07/2025, whereby the applicants' interlocutory application filed in I.A.No.1 under Section 5 of the Limitation Act read with Section 83(5) of the Waqf Act, 1995 is rejected and consequently, the main application is also dismissed as barred by limitation.

2. For the sake of brevity, rank of the parties are as referred to before the Waqf Tribunal.

3. Along with the main application filed under Section 83(2) of the Waqf Act, 1995, the applicants also filed I.A. No.1 under Section 5 of the Limitation Act, 1963 seeking condonation of delay in presenting the substantive proceedings. In the affidavit filed in support of the said application, the applicants averred that during the pendency of proceedings before this Court, their father, who had been arrayed as respondent No.7, expired. It was further stated that a memo dated 03.09.2024 was filed seeking liberty to approach the competent Tribunal to initiate appropriate proceedings in accordance with law. The applicants contended that though this Court, by order, granted three months’ time to approach the Waqf Tribunal, there occurred some delay in filing the application under Section 83(2) of the Wakf Act, 1995 challenging the order dated 26.11.1976 passed in L.C.C. No.38/1975 by the then Administrator of the State Waqf Board. On this premise, condonation of delay was sought, asserting that the delay was neither intentional nor deliberate but occasioned by bona fide circumstances.

4. The said application was stoutly opposed by respondent No.5. The Waqf Tribunal, upon examining the order dated 10.09.2024 passed by this Court in W.P. No.24600/2022, recorded a finding that the applicants had not assigned any independent or sufficient cause for condonation of the inordinate delay, except placing reliance on the liberty reserved by the Co-ordinate Bench. The Tribunal obse