ABDUL MUEED Vs. HAMMAD AHMED

JUDGEMENT

(1.) THIS is an application by the petitioners under Section 2(c) 11, 12 and 15 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India against Abdul Mueed, the respondent for initiating criminal contempt proceedings on account of allegedly filing of false affidavit in an appeal being FAO No. 262 of 2005. The said appeal was filed by an ex-employee of petitioner No.4 against dismissal of his petition under section 92 of the Code of Civil Procedure.

(2.) THE petitioners have contended that petitioner No.1 is the Chief Muttawalli of Hamdard Dawakhana (Wakf) Laboratories whereas the petitioners No. 2 and 3 are other Muttawallis. THE respondent Hammad Ahmed is also stated to be a Muttawalli.

(3.) THE suit filed by the ex-employee of Hamdard Dawakhana (Waqf) Laboratories under Section 92 of the Civil Procedure Code was, however, dismissed in view of Section 85 of the Waqf Act, 1995 contemplating that the jurisdiction of the Civil Court is barred under the provision of Waqf Act, 1995.