IBRAHIM S/O HUSSAN THARTHARI, CHAIRMAN CHINGISHA DARGA AND SIRAJASAB S/O ABDUL SAB MOMIN, MEMBER OF COMMITTEE OF MANAGEMENT OF CHINGISHA DARGA Vs. THE KARNTAKA WAKF BOARD BY ITS SECRETARY, BAJAPUR DIST WAKF COMMITTEE JOD GUMBAJ BY ITS CHAIRMAN,

JUDGEMENT

(1.) THE petitioners in these two petitions are assailing the correctness of the order dated 26.3.2004 bearing No. KWT;BAG;SR;9A/02 passed by the Presiding Officer, Karnataka Wakf Tribunal, Belgaum, dismissing the revision petition and confirming the order dated 21.6.1997 passed in LCC No. 2/88, on the file of the Law Committee of Karnataka Board of Wakfs, Bangalore.

(2.) LEARNED Counsel appearing for first respondent in C.R.P. No. 730/2004 had filed an application under Section 151 of CPC on 29 10.2003 before the Karnataka Wakf Tribunal, Belgaum Division, Belgaum 4th respondent herein to reject the appeal as not tenable in law. The said application has been filed by first respondent at the stage when the matter is posted before the 4th respondent for hearing IAs I and II i.e. an application filed under Order 41 Rule 10 read with Section 83 of the Wakf Act 1995 for staying the operation of the order dated 21.6 1997 bearing No. LCC 2/1988 by the Law Committee of the Karnataka Wakf Board (i.e. IA No. 1) and another application filed under Section 5 of the Indian Limitation Act read with Section 95 of the Wakf Act to condone the delay in filing the said appeal (i.e. IA No. II).

(3.) I have heard learned Counsel appearing for petitioners and learned counsel appearing for respondents -1 and 2 and other respondents served and unrepresented.