ABDUL WAJID Vs. JUMMA MASJID AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present writ petition to quash the Judgment and Decree dated 13.03.2017 made in O.S. No.4 of 2005 passed by the Karnataka Wakf Tribunal, Bengaluru Division, Bengaluru (for short, 'the Tribunal').

(2.) It is the case of the petitioner that he is the absolute owner in occupation of the land bearing Survey No.159 measuring 1 acre 28 guntas situated at Amanidoddakere Village, Hosakote Taluk, Bengaluru Rural District, purchased by him under registered sale deed dated 15.01.2005 from respondent Nos.2 and 3. In pursuance of the registered sale deed, all revenue entries were mutated in the name of the petitioner.

(3.) The 1st respondent, Jumma Masjid filed O.S. No.4/2005 before the Tribunal for permanent injunction against respondent Nos.2 to 5 on 16.04.2005 without making the petitioner as one of the defendants though the plaintiff was aware of the fact that petitioner is the owner in possession of property in question. The respondent Nos.2 and 3 were placed ex-parte before the Tribunal. On behalf of the defendant No.4 an undertaking was given to file power. Defendants did not file written statement but contested the matter. The Tribunal by the Judgment and Decree dated 06.12.2007 passed an ex-parte decree. Aggrieved by the said order, petitioner / defendant No.5 filed RFA No.607/2009 before this Court along with an application to grant permission to prosecute such appeal. This Court, after hearing both parties, by its Order dated 03.12.2010 rejected the appeal as not maintainable in view of the provision of sub-clause (9) of Section 83 of the Wakf Act, 1985, reserving liberty to the petitioner to take such recourse as available under law.