IKRAMUDDIN AND IBRAHIM SAB Vs. GURULINGAPPA AND ORS.

JUDGEMENT

(1.) THE petitioners herein filed O.S. No. 12/2003 on the file of the Karnataka Wakf Tribunal, Gulbarga Division Gulbarga seeking judgment and decree of perpetual injunction against the defendants, restraining them from putting up any construction over the suit property. For the sake of convenience, the parties herein are referred to by their respective rank as arrayed before the Tribunal in the original suit.

(2.) THE plaintiffs inter -alia contending amongst other contentions that they are the persons interested in the subject matter of the suit contending that the respondents/defendants are interfering with the said property which is meant for Burial Ground of Muslims which is also declared as Wakf property, filed the said suit.

(3.) THE defendants 1 & 2 in their written statement amongst other pleas pleaded that the plaintiffs have no locus -standi to file the suit for bare injunction; the suit property is the Wakf property and except the Wakf Board, none else are entitled to file the suit; the plaintiff cannot sue in the representative capacity; the interest of the suit property is protected by the Wakf Board; the plaintiffs have created and concocted the documents and they have filed the suit only to grab the property etc.