The High Court · 2025

...RespondenUPetitioner/Plaintiff lA NO: 1 OF 2024 Petition under section 151 of cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 393 days in filing the c.M.A. against the ad-interim order in lA No.'154 of 2023 in O.S.No.'135 ol 2023 dated 20-3-2023 and consequential extension order dated 29-12-2023 on the fie of the principal Junior civil judge cum Additional Judicial Magistrate of First class at Vikarabad District Vikarabad. lA NO: 2 OF 2024 Petition under Section 15'1 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the ad-interim order in lA No.154 of 2023 in O.S.No.135 of 2023 dated 20-3-2023 and consequential extension order dated 29-12-2023 on the fie of the Pr nc,ipa I Junior Civil judge Cum Additional Judicierl [\4zrgistrate of First Class at Vikaratrarl llistrict Vikarabad pending disposal of the C..R.[). Counsel for ther Appellants :SRl MD IQBAL ALI JAVID Counsel for ther Fesoondent: SRI MOHD ISMAIL KHAN The Court deliv'ered the following: Judgment ,,1 HON'BLE SRI JUSTTCE LAXMI NARAYANA ALISHETTY CIVIL MISCELLANEOUS APPEAL No.412 OF 2024 JUDGMENT: This Civit Miscellaneous Appeal is filed aggrievcd by the docket order, dated 20.03.2023, and the consequential extension order dated 29.12.2023 in IA.No. 154 of 2023 in OS.No. 135 of 2023 passed by the Principal Junior Civil Judge, Vikarabad, Vikarabad District

2. Heard Sri Mohammed lqbal Ali Javid, Iearned counsel for the appellants and Sri Mohamrned lsmail Khan, leamed counsel lor the respondent.

3. The appellants are defendants and respondent is plaintilf in the suit. For convenience, the pafties will be hereinafter referred to as they are arrayed in the suit

4. The brief factual matrix of the case, shom-off unnecessaly details, requiled for adjudication of the present case, is that the plaintiff illed suit in OS.No.l35 of 2023 on the file of Principal Juniol Civil Judge, Vikarabad, for perpetual injunction restraining the defendants from interfering with the plaintifls peaceful possession and enjoyment ol the suit schedule properly. Along -- ). LNA, J ( r11.'\o 4,2 of2024 wilh the sr.rir,. .ur application in lA.No.154 of 2023 'r'as filed for ad interi r irLju'rction. The trial Coufi vide order ,-late,1 '-l( .(t3.2023 granted rrd int :r'irn injunction till filing of counter lrv tl c de fi:ndants arrd poslerl thr matter to 10.01.2023 and the saitl ord:r was extendec irv t ial Court frorn timc to time, r'ide cr,lt ls dated

29.12.2023 a,ril 11.03.2024. The defendants on t)1.01.2C2{. filed counter llrnp ',i,ith application vide IA.No.239 ol lC24 o vacate the inter nr oril :r and the said application is pending corsjd:ration. Aggrievr:cl L'r'y' t re same, the present Appeal is filecl

5. I-r alnc,l counse I fbr thc revision petitioncr sidt'f ,:ndants submitteC rhr,r . lrcir father- late Azeemuddin alonll rvi.h tr',c, others i.e., Mohd Sa.iad Hussaina nd Khaja Shareef l'as pulc riLsed an extent ol' lru.rc rdrreasuring 408 sqr-rare yards und:r' r'r gist,:red sale deed be'arin[, document No.934/1996 dated 0,1.(t5.1't96 and construc-e<l nrosque in the name of Masjid-E-A,'alath f<'r use of muslinr r:ornn Lr nity. Learned counsel further submittcrl thzrt in fact, after deeth r-rl't.hcir father, they inherited the right arrd ir tr:rest in Muthar.vrrllish i1- in the managing committee of Masj id-t -.\r'afath and Madar;a rrrd tl.rat the plaintift soc iety has no rolc in tlLe affairs of the m:rnaqing committee of Masjid-E-Alafath rltd Marlarsa. He further srhnri t:d that thc plaintitf-respondent sor.icrv ua; lonrted J LNA, J CMA.No.4I2 o12024 by few people who are unconnected with Madarsa and filed a suit by misrepresenting the facts and obtained injunction against the defendants and therefbre, the defendants are being deprived ol managing and offering prayers at the suit schedule property and in fact, the civil Coun has no jurisdiction to enteftain the suit. Learned counsel further contended that the trial Court despite fiiing counter and vacate stay petition is not adjudicating the said application, therefore, the present Appeal is filed to vacate the interim orders

6. Per contra, learned counsel for the respondent/plaintiff contended that the respondent-society is a registered society and has purchased the suit schedule propefty in the name of three individuals, who are respectable elderly persons in the community and constructcd a rnosque by narne Masjid-E-Arafath in the year 2002, by collecting donations and contributions from individuals, but the det'endanl.s are interfering with the affairs of the respondent-society by falsely claiming that they inherited the suit schedule propefty lrom theil father. Learned counsel further submitted that several panchayats were held, however, the defendants are threatening the respondent-society therefore, suit was fi led for perpetual injunction and the trial Court duly -!- 4 ctr,t.N, ., ttL,llizl co,side'ing t,ti) rnerits of the case has granted ad interirr in unction and in flrct. tlrcre are no merits in the present App,:rrl ancl l.ence. the same is iabie ro be dismissed. 7 . Pt:r.t sa ol' record would disclose that thc tri,rl ( ourt has granted ad irrrcrim injuncrion vide order dated 20.03 202r rilr the date of lllin t ol counter. by the defendants. ,,\d r n ilte ,c111,.. the defendar ts l-ile,l their counter on 02.04.2024 an<l tht:v h a,re also filed an app)i:rtion in IA.No.239 of 2024 seeki,r: L,r vzcate the interim ord:r. ltowever, it appears that the said apnliciLtior has uot been ad.jr-dic:Lrerl and the sarne is pending betbre th: trirti ,:.,)ru1. 8. Delerrdant No.2 is claiming that he is Mrrrha,rall of the mosque-cun-N4rrdarsa and the plainti ff_society is fbr.rtt:d by unconnec,er.l plrsons. whereas the plainliff_soc iety is c.airrlrg tl.rat the land \\ias 1-,u1-ch35sd by the society in the uarrLc c l. thr.ee individuals i,( il mosque has been constructed with th: tlc nlti.ns and contr blrtir ns an<i that they are managing thi.: aflirirs of the mosque-cum -t-p trlar.sa, but the defendants are interterir g u ith the affairs of th,: said lnosque without any right or irter.ett o,.rrr the

1... same. 9 In tl-e liq l of the above, it is evident that there are dilruted 'vith regard to ownership and posscssior.r o. .er. the questrons c f r: titlaa 5 LNA, J CMA.N2.4l2 o12024 suit schedule property and also as regards rnanaging and officiating the affairs of the mosque-curn-madarsa. Therefore, in considered opinion of this Court, the matter requires detailed enquiry and the vacate petition filed by the defendants is also pending before the trial Cour1, without going into rnerits of the case, this Court deems it appropriate to dispose of this Appeal with a direction to the trial Court to dispose of lA.No.239 of 2024 as expediriously as possible, preferably i.r,ithin a period of two months lrom the date of receipt ofa copy of this order, by duty aflording opportunity ofhearing to both the partics

10. As a sequel, pending Miscellaneous Petitions, if any, shall stand closed. No costs //TRUE COPY// SD/-A.PRATHIMA D PUTY REGIS ECTION OFFICER To,

1. The Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Vikarabad, Vikarabad district

2. One CC to SRI MD IQBAL ALI JAVID, Advocate IOPUC] 3. One CC to SRI MOHD lSlVAlL KHAN, Advocate [OPUC] 4. Two CD Copies ADK/PSL g HIGH COIJR'I' DATED:091A6;12025 ORDER CMA.No.412 af2024 'rfi rHS S14 //i (g 1:l rlrr ffi (1 ^ (' > r) .. '\--, -..--. DISPOSING OF THE CRP WITHOUT COSTS ge- a"$\{