IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K. SOMASHEKAR MISCELLANEOUS FIRST APPEAL NO.10039/2018 (RES) BETWEEN:
SRI M.B. RAMACHANDRA S/O. LATE BYRAPPA, AGED ABOUT 86 YEARS, R/AT NO.55, NANDIDURGA MAIN ROAD, BANGALORE-560 046 REP. BY HIS POWER OF ATTORNEY HOLDER SMT. R. PAVITHRA ... APPELLANT (BY SRI H.R. ANANTHAKRISHNAMURTHY, ADV.) AND:
MASJID E. AZAM (SUNNI) JUMMA MASJID ROAD, BENGALURU DISTRICT REP. BY ITS MANAGER MR. MOHAMMED ILYAS *** ... RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 43 RULE 1(r) READ WITH SECTION 104 OF THE CODE OF CIVIL PROCEDURE 1908, PRAYING TO SET ASIDE THE ORDER PASSED IN KSBW:ENQ/19/BNU/2016 DATED 14.11.2018 BY THE ENQUIRY OFFICER, KARNATAKA STATE BOARD OF WAQF.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Heard the learned counsel for the appellant on the maintainability of this appeal under Section 83 Clause (9) of the Waqf Act, 1995.
2. The provisions under Section 83 Clause (9) of the aforesaid Act indicates that ‘no appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal’.
3. The interim order passed by the Court below has been challenged in this appeal. In the meanwhile the learned counsel for the appellant has filed a memo stating that the appellant may be permitted to convert this miscellaneous first appeal into writ petition.
4. The memo is placed on record. This Miscellaneous First Appeal shall be converted into Writ Petition.
5. For statistical purpose this appeal stands disposed of.
Sbs* Sd/- JUDGE