THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION Nos. 3049 AND 3051 OF 2011 Dated:08-10-2014 Between:
Mohammed Nazir Ali
... PETITIONER
AND
Chaudary Abdul Rahman and two others
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos. 3049 AND 3051 OF 2011 COMMON ORDER:
Respondent Nos.1 and 2 filed O.S No. 66 of 2010 before the Andhra Pradesh State Wakf Tribunal, Hyderabad against the third respondent assailing notices issued under Section 54 of the Wakf Act, 1995. The petitioner claims to be the Mutawalli of the wakf property. He filed I.A No. 357 of 2010 to implead him in the suit and I.A No. 358 of 2010 to implead him in I.A No. 306 of 2010 filed under Order XXXIX Rules 1 and 2 CPC. The Tribunal dismissed the applications through separate orders dated 28-01-2011. Hence these revisions.
Heard Sri Ashok Reddy, learned counsel for the petitioner and Smt. K.V. Rajasree, learned counsel for respondent Nos.1 and 2.
The dispute is in relation to wakf property. The very fact that the suit is filed against the 3rd respondent proves that fact beyond any pale of doubt. Though the Wakf Board is a state wide agency controlling the wakf properties, the individual items are under the management and control of the respective Mutawallis. The best person to contest the suit would be the Mutawally. This Court is convinced that the petitioner deserves to be impleaded in the suit as well as the I.A.
The C.R.Ps are accordingly allowed and the orders under revisions are set aside. I.A Nos.357 and 358 of 2010 are allowed and the petitioner is added as the 2nd defendant in the suit and the 2nd respondent in the I.A.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
08-10-2014
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