SECRETARY KARNATAKA BOARD OF WAKFS BANGALORE Vs. VAZEER

JUDGEMENT

(1.) THIS is an appeal filed under order 43, Rule 1 of the Code of Civil Procedure against the interim order dated 15-9-1993 passed on la. Viii (interim application) which had been filed by the plaintiff-respondent in original suit No. 1071 of 1989.

(2.) THAT, application la. Viii has been made with a prayer that the court would be pleased to direct the defendant No. 5, Karnataka wakf board, to withdraw its order No. Ktw/msc/9/bnu/93-94 and to commit the chairman and the secretary of the karnataka wakf board to civil prison for six months which is necessary in the interest of justice. The photostat copy of the order shows that the order was made on 13-9-1993, but it appears that it was placed before the court on 15-9-1993. On 15-9-1993, the court passed the following order :

(3.) ONE of the grievances of the learned counsel for the appellant Sri Basavaraj V. Sabrad is That This Order is passed without any enquiry and without giving any opportunity to the appellant's counsel to file any objections. The learned counsel for the present appellant namely the learned counsel for defendant No. 5 could not file objections before the passing the order. The learned counsel for the appellant raised the question of jurisdiction and non-maintainability of the application and urged that the application has been made under order 39, Rule 2-a and such an order cannot be passed under order 39, Rule 2-a. Certain other contentions were also made which are not necessary to be referred.