KARNATAKA BOARD OF WAKFS DARUL AWKAF Vs. KALANDARSAB

JUDGEMENT

(1.) Though these appeals are listed for preliminary hearing with the consent of learned counsel on both sides, they are heard finally.

(2.) These appeals arise out of a common order passed by learned single Judge of this Court in W.P.No.106372/2014 and connected with W.P.No.106373/2014 disposed off on 27.03.2018.

(3.) The appellant herein namely, Karnataka Board of Wakfs was the petitioner in the above writ petitions. They assailed the order passed by the Karnataka Wakf Tribunal, Belgaum Tribunal, Belgaum (hereinafter referred to as the 'Wakf Tribunal' for the sake of convenience) dated 30.12.2004 passed in two proceedings initiated by the private respondents herein before the Tribunal. By order dated 30.12.2004, the Tribunal held that the plaintiffs in the suits are the owners of 'A' schedule properties as their personal properties and consequently prohibitory injunction was granted restraining the defendants in the suit including the appellant herein from interfering with the schedule 'A' property. Questioning the same, the writ petitions were filed. Learned single Judge entertained the writ petitions despite there being a proviso to sub-section (9) of Sec. 83 of the Wakf Act, 1995. Therefore, the maintainability of the writ petitions was not an issue before the learned single Judge. However, learned single Judge found that there was gross delay of ten years in filing the writ petitions and not being satisfied with the explanation given in Paragraph 9 of the memorandum of writ petitions, the writ petitions were dismissed on the ground of delay and laches. Being aggrieved, these appeals have been preferred.