GREGORIOUS ORTHODOX CATHEDRAL Vs. AGA ALI ASGAR WAKF

JUDGEMENT

(1.) THIS revision petition under Section 83 (9) of the Wakf Act, 1995 (for short 'the Act') gives rise to an interesting question of law regarding the scope of the jurisdiction of the Tribunal, a 'tribunal' constituted in terms of Section 83 of the Act and the limits of jurisdiction being in terms of Section 83 (1) and 83 (2) of the Act.

(2.) THE revision is by the first defendant in O. S. No. 6 of 2005 before the Wakf Tribunal, Bangalore Division, Bangalore, a suit that had been filed by Aga Ali Askar Wakf, a Wakf registered with the Karnataka State board of Wakfs under the provisions of the Wakf Act, 1995. The plaintiff had sought for the relief of permanent injunction to restrain the first defendant in the suit, a Church which had owned the suit schedule property, its men and agents from interfering with the right of way of the members of Shia Muslims to reach Asurkhana, the property belonging to the plaintiff which was a wakf property and to reach which property the members of Shia Muslims were to pass through a passage ABCD (as described in the suit schedule) owned by the first defendant.

(3.) THE plaintiff had also sought for further relief of restraint order on the defendants from putting up a gate at the beginning of the passage and for incidental prayers and for temporary injunction.