IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL REVISION PETITION No.267 OF 2009 C/W CIVIL REVISION PETITION No.509 OF 2016 In CRP No.267/2009 BETWEEN 1. Sri. Gopalakrishna, Aged about 65 years, S/o. Sri. Dandi Papaiah, R/o. Gunigantipalya, Mulbagal-563131.
Kolar District.
2. Sri. Nagappa, Aged about 55 years, S/o. Late Sri. Muniyappa @ Chinnappa, R/o. Gunigantipalya, Mulbagal-563131, Kolar District.
(By Sri. G.Papi Reddy, Advocate) AND Hazarath Jaman Diwan Shah Makhan, Madras Road, Someshwarapalya, Khalifa Mohalla, Mulabagal -563131. Kolar District, Represented by its Mutawalli.
…Petitioners …Respondent (By Sri.Mohammed Tippu Sultan , Advocate) This CRP is filed under Section 83(9) of the Wakf Act, 1995 against the judgment and decree dated 10.09.2009 passed in O.S.No.6/2004 on the file of the Presiding Officer, Karnataka Wakf Tribunal, Bengaluru Division, Bengaluru, decreeing the suit for perpetual injunction.
In CRP No.509/2016 BETWEEN 1. Sri. M.Muniyappa, S/o. Late Muniswamy, Aged about 62 years, 2. Sri. Karatala Krishnappa, S/o. Muniswamappa, Aged about 58 years, 3. Sri. Munivenkatappa, S/o. P.Ramaiah, Aged about 51 years, 4. Sri. B.Ramachandrappa, S/o. Changalarayappa, Aged about 72 years, 5. Sri. K.R.Thimmaiah, S/o. Late K.T.Ramaiah, Aged about 62 years, The Petitioners No.1 to 5 are all R/at Gunighanttipalya, Mulbagal Town-563131.
6. Sri. Nagaraja, S/o. Late Anantharamaiah, Aged about 31 years, 7. Sri. B.S.Narayanappa, S/o. Bale Seenappa, Aged about 59 years, The Petitioners No.6 and 7 are R/at Someshwarapalya, Mulbagal Town-563131.
8. Sri. B.R.Muniswamy Setty, Since dead by LRs.
8(a) Jayamma, W/o. Late B.R.Muniswamy Setty, Aged about 58 years, 8(b) B.M.Ranganath, S/o. Late B.R.Muniswamy Setty, Aged about 37 years, 8(c) B.M.Ananda, S/o. Late B.R.Muniswamy Setty, Aged about 34 years, 8(d) B.M.Giresh S/o. Late B.R.Muniswamy Setty, Aged about 32 years, 8(e) B.M.Radha, D/o. Late B.R.Muniswamy Setty, Aged about 30 years, 8(f) B.M.Aruna, D/o. Late B.R.Muniswamy Setty, Aged about 28 years, 8(g) B.M.Manjula, D/o. Late B.R.Muniswamy Setty, Aged about 26 years, LRs 8(a) to 8(g) are all residing at Hosapalya, Mulbagal Town-563131.
9. Sri. P.Gopalappa, Since dead by LRs.
9(a) Munivenkatamma, W/o. P.Gopalappa, Aged about 62 years, 9(b) P.G.Somashekar, S/o. P.Gopalappa, Aged about 51 years, 10. Sri. Ramachandrappa, S/o. Ramasandram Munivenkatappa, Aged about 54 years, 11. Sri. Shankarappa, S/o. Murthy Govindappa, Aged about 62 years, The petitioners No.9 and 11 are R/at Sringeri Mutta Street, Mulbagal Town-563131.
(By Sri. G.Papi Reddy, Advocate) AND 1. Mohammed Shafiulla, S/o. Abdul Sabhan Khan, Major, R/at Kurubarapet, Mulbagal Town-563131.
…Petitioners 2. Hazarath Jaman Diwan Shah Makhan, Madrass Road, Someshwarapalya, Khalifa Mohalla, Mulabagal -563131. Kolar District, Represented by its Muthavalli.
3. The Chairman, District Wakf Advisory Committee, Karnataka State Board of Wakf, Gadiyara Circle, M.G.Road, Kolar-563101.
4. Karnataka State Board of Wakf, No.6, Darul Auaqaf, Cunningham Road, Bengaluru-560052.
Represented by its Chief Executive Officer.
5. Smt. Akthar Be, Aged about 49 years, W/o. Pyarejan, R/at Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
6. Fayaz Ahmed, S/o. Tailor Babajan, R/at Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
7. Smt. Shamshunnisa, W/o. Noorulla Shariff, R/at Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
8. Allabakash, S/o. Abdul Majeeb, R/at TVS Service Station, Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
9. Allabakash, S/o. Abdul Mujeeb, R/at KGN Enterprises, Hardware Store, Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
10. Smt. Musoorunnisa, Ex-Municipal Councillor, W/o. Sadik Pasha, R/at No.20021-20022, Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
11. Abshath Pasha @ Appi, Ex-Municipal Councillor, S/o. Late Wahab Sab, R/a Groundnut Mill, Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
12. Sri. Mukthar, S/o. Late Ammersab, R/at Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
13. Jaleel, B/o. Akmal, Owner-Yaroob Lorry Services, R/at Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
14. Chandpasha, Rtd. Teacher, Shara Agarbathi Factory, R/at Besides Hindu Burial Ground, Kalipha Mohalla, Mulbagal Town, Mulbagal-563131.
…Respondents (By Sri. Mohammed Tippu Sultan , Advocate, for R2, Ms. S.R.Anuradha, Advocate, for R3 & R4, R5, R8, R9, R10, R11, R13 & R14 – served, R7 – service of notice held sufficient vide order dated 26.04.2017, R1, R6 & R12 –Notice dispensed with vide order dated 19.08.2017.) This CRP is filed under Section 83(9) of the Karnataka Wakf Tribunal Act, against the order dated 01.12.2016 passed in O.S.No.6/2012 on the file of the presiding officer, Karnataka WAKF Tribunal, Bengaluru Division, Bengaluru, rejecting the request of the plaintiffs to discard the evidence of PWs 1 to 4 recorded before the Civil Judge and JMFC, Mulbagal.
These petitions coming on for final hearing this day, the court made the following:
ORDER On 11.4.2019, one week time was granted as last chance to the petitioners. Today also petitioners counsel prays for time without any ground. It appears that he is not interested. Both the petitions are dismissed.
Sd/- JUDGE ckl