SYED ADIL BASHA QUADRI Vs. SYED AZADULLAH

JUDGEMENT

(1.) A suit in O.S.No.92/1988 on the file of Additional Civil Judge and JMFC, Channapatna (hereinafter referred to as trial Court') is filed by one Syed Mohammed Ghouse Pasha Quadri - the plaintiff seeking relief of declaration declaring him to be the Sajjadanashin of Hazarat Akhil Shah Quadri Dargah, Channapattana (hereinafter referred to as 'suit dargah') and for consequential relief of permanent injunction against defendants 1 to 6 and the Karnataka State Board of Waqf -the defendant No.7, in which nephew of the plaintiff namely Syed Mohammed Adil Pasha Quadri, got himself impleaded as defendant No.8 and while denying the case of the plaintiff he made a counter claim to declare him as Sajjadanashin of the suit Dargah. Thereafter one Syed Usman Pasha Quadri got himself impleaded as defendant No.9 also claiming to have been appointed as Sajjadanashin of the suit Dargah. By the impugned Judgment and decree dtd. 20/12/2019 the trial Court while dismissing the suit of the plaintiff decreed the counter claim made by defendant No.8 with cost.

(2.) As against the dismissal of his suit plaintiff preferred a regular appeal in R.A.No.7/2020 and as against grant of counter claim in favour of defendant No.8, he filed another appeal in R.A.No.8/2020. Similarly defendant No.3 filed R.A.No.19/2020 and the legal representatives of defendant No.9 filed R.A.No.16/2020 on the file of Senior Civil Judge and JMFC, Channapatna (hereinafter referred to as 'First Appellate Court'). The First Appellate Court by its common Judgment and decree dtd. 27/2/2023 dismissed the aforesaid regular appeals and consequently confirmed the aforesaid Judgment and decree passed by the trial Court.

(3.) Aggrieved by the aforesaid Judgment and decree passed by the trial Court and confirmed by the First Appellate Court, plaintiff is before this Court in RSA Nos.1064/2023 and 1069/2023 while defendant No.3 is in RSA No.1004/2023 and legal representatives of defendant No.9 are in RSA No.1141/2023.