HIGH COURT FOR THE STATE OF TELANGANA ********

REFERRED CASE NO.1 OF 2018 Between:

Letter dated 11.01.2018 No.CCC-HYD/AW/E2/201/2018 Received on 12.01.2018 from the Chief Judge, City Civil Court, Hyderabad.

and H.E.H. The Nizam Awqaf Committee, rep.by its Secretary, Syed Imran, Office at King Koti, behind Judi Mosque, Hyderabad.

…. Petitioner/plaintiff Mrs. Sardar Begum w/o.late Khadeer Mohammad Khan, r/o. 15-6-75, Afzalgunj, Masjid, Hyderabad and 12 others.

…. Respondents/defendants DATE OF JUDGMENT PRONOUNCED : 18.11.2025 HON’BNLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

1. Whether Reporters of Local Newspapers : No may be allowed to see the Judgments ?

2. Whether the copies of judgment may be : Yes marked to Law Reporters/Journals

3. Whether Their Lordship wish to : Yes see the fair copy of the Judgment ?

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SUDDALA CHALAPATHI RAO, J * HON’BNLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO +REFERRED CASE NO.1 OF 2018 %18.11.2025 Between:

# Letter dated 11.01.2018 No.CCC-HYD/AW/E2/201/2018 Received on 12.01.2018 from the Chief Judge, City Civil Court, Hyderabad.

Vs.

$ H.E.H. The Nizam Awqaf Committee, rep.by its Secretary, Syed Imran, Office at King Koti, behind Judi Mosque, Hyderabad.

…. Petitioner/plaintiff Mrs. Sardar Begum w/o.late Khadeer Mohammad Khan, r/o. 15-6-75, Afzalgunj, Masjid, Hyderabad and 12 others.

…. Respondents/defendants !Counsel for the petitioners : Learned Standing Counsel for High Court Counsel for the Respondents : Mr. Zainab Khan

>Head Note:

? Cases referred:

(2014) 16 SCC 38; (2015) 17 SCC 65; (2010) 8 SCC 726 ; (2022) 4 SCC 414

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO REFERRED CASE NO.1 OF 2018 DATE: 18.11.2025 Between:

Letter dated 11.01.2018 No.CCC-HYD/AW/E2/201/2018 Received on 12.01.2018 from the Chief Judge, City Civil Court, Hyderabad.

and H.E.H. The Nizam Awqaf Committee, rep.by its Secretary, Syed Imran, Office at King Koti, behind Judi Mosque, Hyderabad.

…. Petitioner/plaintiff Mrs. Sardar Begum w/o.late Khadeer Mohammad Khan, r/o. 15-6-75, Afzalgunj, Masjid, Hyderabad and 12 others.

…. Respondents/defendants ORDER: (per Hon’ble Sri Justice Suddala Chalapathi Rao)

This Reference Case is placed before this Court by the learned Registrar (Judicial) of this Court, as forwarded by the learned Chief vide Judge, City Civil Court, Hyderabad, letter dated 05.01.2018 of the XX Junior Civil Judge, City Civil Court, Hyderabad, addressed to the Registrar (Judicial), enclosing the order dated 05.01.2018 passed in I.A.No.956 of 2017 in O.S.No.2424 of 2016.

2. The learned XX Junior Civil Judge has sought the opinion of this Court in respect of the subject property in the said underlying suit was admittedly the waqf property, the plaintiff filed an application in I.A.No.956 of 2017 seeking reference to the Hon’ble High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh (now High Court for the State of Telangana) on the point of Civil Court’s jurisdiction in respect of the dispute relating to a waqf property, more particularly in a suit for eviction of tenant from waqf property.

3. The suit in O.S.No.2424 of 2016 has been filed by the plaintiff for eviction of tenant over the subject waqf property on the file of XX Junior Civil Judge, City Civil Court at Hyderabad and as the subsequent amendment of the Wakf Act, 1995 came into amended by virtue of Amendment Act 27/2013, an application in I.A.No.956 of 2017 was filed by the petitioner/plaintiff contending that since Civil Court has no jurisdiction to try any suit pertains to the waqf property even if it is for eviction. As the case involves a question as to the validity and operation of Waqf Act, under Section 85 of the Waqf Act, the issue that arises for consideration is whether a competent Civil Court has jurisdiction to entertain a suit relating to waqf prope