BOMBAY HIGH COURT
HON'BLE JUSTICE SHARMILA U. DESHMUKH
NOORJAHAN HAKKANI PASHA QUADRI – Appellant
Versus
NURUDDIN ALIAS SHAKER AKBAR JAHAGIRDAR AND OTHERS – Respondent
FINAL ORDER :
1. By these petitions filed under Article 226 read with Article 227 of the Constitution of India, the petitioner seeks to challenge the compromise award dated 23rd November, 2013 passed in Lok Adalat between the Respondents. As common issues are raised, the Petitions are heard together and are disposed of by this common judgment. The challenge to the compromise decree of Lok Adalat is on the ground that the properties forming part of the compromise decree are Wakf properties and jurisdiction of Civil Court is barred under the provisions of Wakf Act, 1995 and as such fraud has been played upon the Court. Petitioner is the daughter of the Respondent No 2, now deceased and sister of Respondent No 1, 3 to 5. For reasons stated hereinafter, I am not inclined to set aside the compromise decree as the Petitioner has failed to substantiate that the subject properties are Wakf properties.
2. Facts of the case are as under :
R.C.S. No. 323 of 2013, R.C.S. No. 332 of 2013 , R.C.S. No.334 of 2013 and R.C.S. No. 333 of 2013 came to be filed by the respondent No. 1 against the respondent Nos. 2 to 5 seeking declaration that the respondent No. 1 is the owner of the suit land bearing la
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