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NC: 2024:KHC:13010
RP No. 566 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
REVIEW PETITION NO. 566 OF 2023
BETWEEN:
AHMED RASOOL
S/O LATE ABDUL SATTAR
AGED ABOUT 50 YEARS,
R/AT NO.173, NOW AS NO.777
PUTTENAHALLI MAIN ROAD,
MASJID ROAD, OPP. GOVT. URDU SCHOOL,
YELAHANKA, BANGALORE-64.
…PETITIONER
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. KARNATAKA STATE BOARD OF WAKF
EMPLOYEES ASSOCIATION
NO.6, CUNNINGHAM ROAD,
BANGALORE -560 052
Digitally signed by
REPRESENTED BY ITS SECRETARY.
R HEMALATHA
Location: HIGH
COURT OF
2. HAMIDULLA S ANSARI
KARNATAKA
S/O ABDUL WAHAB ANSARI
AGED ABOUT 56 YEARS,
R/AT NO.26, CHINNASWAMY,
MUDALIAR ROAD, RASKAR TOWN,
BANGALORE -560 051.
3. THE STATE BOARD OF WAKF
NO.6, CUNNIGHAM ROAD,
BANGALORE -560 052
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
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NC: 2024:KHC:13010
RP No. 566 of 2023
4. JAMIA MASJID YELAHANKA
BY ITS ADMINISTRATOR/ MUTTAVALLI,
YELAHANKA, BANGALORE -560 064.
5. THE KARNATAKA WAKF PROTECTION
JOINT ACTION COMMITTEE
BANGALORE, AIRPORT ROAD,
OPP DENA BANK, KODIHALLI
BANGALORE -560008.
6. SYED ASLAM, S/O NOT KNOWN,
AGED ABOUT 60 YEARS,
R/AT NO.1526/1
3RD CROSS, SUGGAPPA LAYOUT,
YELAHANKA, BANGALORE -560064.
7. SYED NAWAZ
S/O SYED PESERU
AGED ABOUT 60 YEARS,
MASJID CROSS ROAD,
YALAHANKA
BANGALORE-560064.
…RESPONDENTS
(BY SRI. P.S. MALIPATIL, ADVOCATE FOR R-1;
SRI. ANAND KUMAR M., ADVOCATE FOR R-2;
SMT. SWATHI ASHOK, ADVOCATE FOR R-3;
NOTICE TO R4 & R6 - SERVED V/O DATED 28.03.2024;
NOTICE TO R5 AND R7 IS DISPENSED WITH)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
AND 2 OF CPC, PRAYING TO APPRECIATE THIS REVIEW PETITION
AND TO REVIEW THE IMPUGNED ORDER DATED 23/01/2023 AT
ANNEXURE-A AND RESTORE THE CRP NO.450/2016 IN THE FILES
OF THIS HON'BLE COURT TO CONSIDER THE CRP AFRESH.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Respondent No.3 had challenged the confirmation of sale in
favour of the writ petitioner i.e. respondent No.1 by respondents
No.3 to 6 in the writ petition before the Karnataka Wakf Tribunal.
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NC: 2024:KHC:13010
RP No. 566 of 2023
The Wakf Tribunal allowed the application and set aside the
confirmation of sale in favour of respondent No.1, against which
CRP No.450/2016 was filed.
2. During pendency of the CRP, respondent No.3 died
and this Court vide order dated 23.01.2023 set aside the order
passed by the Wakf Tribunal and confirmed the sale in favour of
the writ petitioner - respondent No.1 herein. Petitioner claims to be
the legal representative of deceased respondent No.5 in CRP
No.450/2016 and his grievance is that the order was passed
without bringing the legal representatives of deceased respondent
No.5 in CRP. The respondent No.5 had not claimed any individual
interest in the property which was auctioned in favour of the writ
petitioner - respondent No.1 herein. However, only claim interest in
the Wakf. Therefore, the petitioner has not subsisting interest in
this petition. Accordingly, the petition stands dismissed.
Pending I.As., does not survive for consideration, and stands
disposed of.
Sd/-
JUDGE
AP/HR