IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.46087/2011 (GM-WAKF) BETWEEN:
SRI KHALIFA SHAH BABA SHAIKH SHAHBUDDIN KHALANDAR HUSSAINI SOHARWARDI AGE 63 YEARS S/O HAJI MAHBOOB SAB SAJJADA NASHEEN CUM MUTHAVALLI DARGHA HAZRATH SYED JALAL KHAKI SHAH VALLI (RA) NIMKAYALAHALLI VILLAGE MURGUMULLA HOBLI CHINTAMANI TALUK DISTRICT CHIKKABALLAPUR (BY SRI. SHAIKH SAOUD, ADV.) AND ... PETITIONER 1. THE KARNATAKA STATE BOARD OF WAKFS DARUL AWKAF, NO.6, CUNNIGHAM ROAD BANGALORE-560052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 2. THE MANAGING COMMITTEE DARGAH HAZRATH SYED JALAL KHAKI SHAH VALI (RA) NIMKAYALAHALLI VILLAGE MURGUMULLA HOBLI CHINTAMNI TALUK DISTRICT CHIKKABALLAPURA REPRESENTED BY ITS SECRETARY ZAMRUD PASHA S/O LATE. IBRAHIM SHARIFF ... RESPONDENTS (BY SMT.KIMAYA KULKARNI, ADV. FOR SMT. S.R. ANURADHA, ADV. FOR R1 SRI.G.S.BALAGANGADHARA, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT AND DECREE PASSED IN OS NO.2/08 DATED 11.11.11 BY THE KARNATAKA WAKF TRIBUNAL BANGALORE DIVISION BANGALORE AT ANNX-A AND ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned counsel for the petitioner has filed a memo stating that in view of the decision of the Division Bench of this Court passed in W.A.Nos.50239- 241/2013 (GM-WAKF) dated 26.8.2013, the petitioner may be permitted to withdraw the petition with liberty to file Revision Petition under Section 83(9) of Wakf Act, 1995.
2. The memo is placed on record.
3. Accordingly, the petition is dismissed as withdrawn. The petitioner is at liberty to take such course of remedy available under sub-section (9) of Section 83 of Wakf Act, 1995 and if a revision petition is filed within a month from today, the same shall be entertained without going on to the question of limitation.
Sd/- JUDGE DM