IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO. 3010/2019 (GM-WAKF) BETWEEN:
1.THE CUTCHI MEMON JAMATH MOSQUE ASHOKA ROAD, MYSURU-570 001 REPRESENTED BY ITS SECRETARY SRI IBRAHIM SAIT 2.THE CUTCHI MEMON JAMATH ASHOKA ROAD, MYSURU-570 001 REPRESENTED BY ITS SECRETARY SRI IBRAHIM SAIT ... APPELLANTS (BY SRI RAMAKRISHNAN S, ADVOCATE) AND:
1.THE KARNATAKA STATE BOARD OF AQUAF NO.6, CUNNINGHAM ROAD, BENGALURU-560 052 REPRESENTED BY CHIEF EXECUTIVE OFFICER 2.THE MYSORE DISTRICT WAQF ADVISORY COMMITTEE NEW SAYYAJI RAO ROAD MANDI MOHALLA, MYSURU-570 001 REPRESENTED BY ITS WAQF OFFICER 3.MR. MOHAMMED IQBAL SAIT MAJOR, S/O LATE SRI M. ISMAIL SAIT ALIAS JANI SAIT, NO. 39/A, KANIYARA RAMAMANDIRA ROAD, N.R. MOHALLA MYSURU-570 007 ... RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24.06.2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.26825/2015 AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellants. The impugned order is based on a concession made by the advocate for the appellants across the bar which is specifically recorded in the impugned order. The submission of the learned counsel appearing for the appellants is that the said concession is based on misinterpretation and misconception. If that be so, the remedy of the appellants is to apply to the learned Single Judge seeking permission to withdraw the concession, if permissible in law.
2. Therefore, we decline to entertain this appeal and the same is disposed of. However, the disposal of the appeal will not prevent the appellants from making an appropriate application before the learned Single Judge.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv