ANDHRA PRADESH STATE Vs. TATI VENKATA SHESHAGIRI RAO

JUDGEMENT

(1.) THIS civil revision petition is filed by the Andhra Pradesh State Wakf Board (for brevity Wakf Board) against the order dated 24.8.1999 in IA No.195 of 1999 in OS (SR) No.382 of 1999 passed by the Presiding Officer, Andhra Pradesh Wakf Tribunal, Hyderabad (for brevity Tribunal), whereby the learned Presiding Officer of the Tribunal allowed the application filed under Section 151 of the Code of Civil Procedure (for brevity the Code) to dispense with the notice to be issued under Section 89 of the Wakf Act, 1995, (for brevity the Act) to the respondent/defendant No.3.

(2.) THE suit was filed for declaration and perpetual injunction against the petitioner herein and others from carrying out construction work of Urdu Bhawan-cum-Community Centre or Shadi Manzil at suit schedule property. He also filed an application for grant of temporary injunction to the same effect. The petitioner herein is the 3rd respondent/defendant in the suit and he was tenant of the 3rd respondent Board and therefore he made the Board as a proforma party and further he is not seeking any relief against the 3rd respondent in the application as well as in the suit, that since there is urgency in the matter, therefore, he sought for dispense with the issuance of notice under Section 89 of the Act to the petitioner herein.

(3.) THE trial Court having regard to the facts and circumstances of the case and considering the effect of Section 80 of the Code rejected the contention of the petitioner herein and held that since no relief is sought for against the petitioner herein both in the I.A. and the main suit, allowed the petition.