COMMISSIONER Vs. DARGAH HAZRAT SHAH RUKNODDIN TOLA

JUDGEMENT

(1.) The present Revision Petition is filed under Sec. 115 of the Code of Civil Procedure, 1908 (for short 'CPC') by the third Defendant challenging the order dtd. 14/12/2018 passed on IA.3 in OS No.10/2018 on the file of the Presiding Officer, Karnataka Wakf Tribunal, Kalaburagi Division, Kalaburagi (for short 'Wakf Tribunal'), whereunder the application filed by the third Defendant under Order VII Rule 11(d) of the CPC was rejected.

(2.) For the sake of convenience, the parties will be referred to as per their rank before the Wakf Tribunal.

(3.) The Respondent No.1 - Plaintiff filed a suit for possession in OS No.10/2018 before the Wakf Tribunal. The Petitioner who was arrayed as the third Defendant entered appearance in the said suit and contested the same. The third Defendant filed IA.3 under Order VII Rule 11(d) read with Sec. 151 of the CPC for rejection of the plaint. The Plaintiff filed objections to the said IA. The Wakf Tribunal, vide its order dtd. 14/12/2018, dismissed the said application. Being aggrieved, the present Revision Petition is filed.