Writ Petition No. 43353 of 2016 · The High Court
Case Details
- 1 - NC: 2025:KHC:1857 WP No. 43353 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 43353 OF 2016 (GM-CPC) BETWEEN: JUMMA MASJID TRUST BOARD NO.11, JUMMA MASJID ROAD BANGALORE-560 051 REPRESENTED BY ITS CHAIRMAN MR.ANWAR SHARIEFF (BY SRI.NAVEED AHMED, ADVOCATE FOR SRI.K.S.RAHUL CARIAPPA, ADVOCATE) AND:
Legal Reasoning
1. MR. AHMEDULLA KHAN SON OF MR.NABI KHAN AGED ABOUT 73 YEARS R/A NO.C-3, 2ND FLOOR HAZRATH KHUDDUS SAHIB EIDGAH APARTMENT NO.68, MILLERS ROAD BANGALORE-560 046 …PETITIONER 1A. MRS.GHOUSIA FARATH KHANUM W/O MR.MOHAMMED SHAFIULLA D/O LATE AHMEDULLA KHAN MAJOR 1B. MR.AMINULLA KHAN S/O LATE AHMEDULLA KHAN MAJOR 1C. MUSARATH ANJUM D/O LATE AHMEDULLA KHAN MAJOR 1D. FIRDOSE NASEEM D/O LATE AHMEDULLA KHAN MAJOR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1857 WP No. 43353 of 2016 1E. KOUSER TABASSUM D/O LATE AHMEDULLA KHAN MAJOR 1F. RABIA ALMAS D/O LATE AHMEDULLA KHAN MAJOR ALL ARE IN OCCUPATION OF QUARTER NO.C-3, 2ND FLOOR HAZARTH KHUDDUS SAHIB EIDGAH APARTMENT NO.68, MILLER ROAD BENGALURU-560 046 (R1- SERVED AND UNREPRESENTED V/O/D 17/01/25, NOTICE TO R1 (B-F) DISPENSED WITH) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE V ADDL. SMALL CAUSES JUDGE AND XXIV ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE (SCCH-20) IN SC. NO.15521/2011 AND AFTER GOING THROUGH THE LEGALITY, PROPERIETY OR OTHERWISE OF THE SAME SET ASIDE THE ORDER DATED 02.07.2015 PASSED IN APPLICATION FOR REVIEW UNDER SEC. 114 OF THE CODE CIVIL PROCEDURE 1908 AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the orders dated 31.01.2012 in S.C.No.15521/2011 passed by the 17th Additional Small Causes Judge, Mayo Hall Unit, Bangalore and 02.07.2015 in S.C.No.15521/2011 passed by the Vth Additional Small Causes Judge and XXIV A.C.M.M., Mayo Hall Unit, Bangalore. - 3 - NC: 2025:KHC:1857 WP No. 43353 of 2016 2. The petitioner before this Court is the Jumma Masjid Trust Board who is the plaintiff in the suit and the respondents are the tenants. The plaintiff has instituted the suit for eviction. By order dated 31.01.2012, the trial Court has held that the property is a waqf property and the suit is not maintainable before the Civil Court and relegated the parties to the Tribunal. In respect of the Jumma Masjid Trust Board, a scheme was formulated and it was carried till the Supreme Court and it has attained the finality. In several cases, when the Civil Court had returned the plaint holding that the Court has no jurisdiction, the same was questioned before this Court and considering the judgement of the Supreme Court on the scheme that is formulated, a Coordinate Bench of this Court in CRP.No.422/2013 and batch dated 13.12.2013 has observed that it is not a waqf property. Basing on that, in WP.No.43352/2016 and batch dated 22.06.2022 in case of Jumma Masjid Trust Board Vs. Rasheeda Begum and Others, the Court has held that the property is not a waqf property and the suit before the Court of Small Causes is very much maintainable and the plaintiff is entitled to prosecute the suit. - 4 - NC: 2025:KHC:1857 WP No. 43353 of 2016 3. The petitioner herein basing on the judgement passed in that CRP.No.422/2013 and batch had filed a review before the Court and the Court by order impugned had dismissed the said petitions filed seeking review of the order passed by the Court holding that the Court of Small Causes has no jurisdiction. That came to be dismissed by the Court observing that the order dated 15.02.2012 cannot be reviewed. The revision petition can be filed against the said order. Moreover, the said order was passed on 15.02.2012. The plaintiff has come up with the application on 04.06.2015. Hence, the plaintiff has not at all made out any reasonable grounds to allow the application. The Court felt that there is no error apparent on the face of the order to review the same and accordingly dismissed the application filed by the plaintiff under Section 114 read with Section 151 of CPC. Now, the petitioner is before this Court questioning the original order dated 31.01.2012 and the order passed in the review dated 02.07.2015. 4. Learned counsel appearing for the petitioner submits that in the light of the order passed in the series of cases by the Coordinate Bench of this Court, right from 2015, wherein - 5 - NC: 2025:KHC:1857 WP No. 43353 of 2016 the property is held to be not a waqf property and the Court of Small Causes has got the jurisdiction, the order dated 31.01.2012 and the order dated 02.07.2015 needs to be set aside. 5. Notice is served in respect of R1(a) and no vakalath is field on his behalf. In respect of R1(b) to (f), a memo is filed stating that notice to R1(b) to (f) may be dispensed with and this Court has dispensed with the notice to respondent Nos.R1(b) to (f) at the risk of the appellant. 6. Having heard the learned counsel for the petitioner, perused the entire material on record. When the Court had returned the plaint and relegated the parties to the Tribunal, the petitioner ought to have questioned the same and he has kept quite without questioning the said order and thereafter, he has filed a review. This Court has perused the order passed by the Court in the review. As rightly observed by the Court, there are no reasons to review the order and the remedy should have been to prefer a revision against the said order. Considering the fact that the finding that the properties are not waqf properties has attained finality and several eviction petitions - 6 - NC: 2025:KHC:1857 WP No. 43353 of 2016 that are filed by the petitioner/Trust were dismissed. This Court in several batch of matters has held that the suit is maintainable before the Court of Small Causes. Exception cannot be taken in respect of this case on the ground of delay or otherwise. In that view of the matter, this Court is passing the following order:
Decision
ORDER i. The order dated 31.01.2012 in S.C.No.15521/2011 passed by the 17th Additional Small Causes Judge, Mayo Hall Unit, Bangalore and 02.07.2015 in S.C.No.15521/2011 passed by the Vth Additional Small Causes Judge and XXIV A.C.M.M., Mayo Hall Unit, Bangalore, are set aside holding that the Court of Small Causes has the jurisdiction to try the suit. ii. Accordingly, the writ petition is allowed. iii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 5.1