RAJU NARAYANAPPA Vs. REGISTRAR HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) THE petitioners claims to be the owners of the property bearing CTS no. 1014 situate at Ward No. 3, Janatha Bazaar, Hubli, wherein a temple of Changadeva Maharaja exists. When the petitioners were exercising their ownership rights over the property, the Kantataka state Board of Wakf, respondent 2 herein notified the said property as "wakf Property",

(2.) THE petitioners filed a civil suit on 19-3-1985 in O. S. No. 192 of 1985 challenging the said notification. The suit was decreed on 28-2-2001. Aggrieved by the said judgment and decree, the Kaniataka State board of Wakf and the Dharwad District Wakf Committee filed an appeal in R. A. No. 73 of 2001 on the file of the Prinicipal Civil Judge (Senior Division), Hubli. When the appeal was being heard, the learned district Judge, Dharwad, purporting to exercise his power under Section 24 of the Code of Civil Procedure withdrew R. A. No. 73 of 2001 from the file of the Principal Civil Judge (Senior Division), Hubli, and transferred the same to the file of the Presiding Officer, Karnataka Wakf Tribunal, belgaum Division, by his order dated 13-9-2002 vide Annexure-D. The learned Civil Judge (Senior Division), Hubli, however passed a separate reasoned order on 24-9-2002 transferring the appeal to the file of the wakf Tribunal vide Annexure-E.

(3.) THE petitioners have challenged these two orders of the learned district Judge and that of the Civil Judge as being passed without a proper understanding of provisions of Section 7 (5) of the Wakf Act, 1995, and have sought for further issuance of a writ of mandamus to direct the learned Civil Judge (Junior Division), Hubli, to hear and dispose of the appeal on merits.