ADONI SYED KHADER MACCI U1 BHOKARI DARGA KATTA ALIAS MACCI MHADER SAHEB DARGA KATTA COMMITTEE Vs. SHAIKAN BEE

JUDGEMENT

(1.) THIS order disposes of both the revisions. CRP No.719 of 2007 is by Adoni Syed Khader Macci- U1 Bhokari Darga ('the suit Darga' for short) against three respondents. CRP No.1844 of 2008 is by the third respondent in CRP No.719 of 2007 against the petitioner therein. Both the revisions related to the suit Darga. Common questions arose in both the cases. Consequently, both the revisions are disposed of through this common order. The parties are referred to hereinafter as they are arrayed in CRP No.719 of 2007.

(2.) THE petitioner filed OS No. 146 of 2008 on the file of the Principal Junior Civil Judge, Adoni. It was a suit by the Darga for the eviction of respondents 1 and 2 herein. OS No. 146 of 1998 was decreed on 19.4.2001.

(3.) AFTER the disposal of the second appeal in SA No.674 of 2002, the third respondent, who is son of respondents 1 and 2, filed OS No.88 of 2003 before the Wakf Tribunal seeking for an injunction. By then, the property was not notified to be the wakf property. The petitioner- Management Committee resisted OS No.88 of 2003. On 23.2.2008, the Wakf Tribunal dismissed OS No.88 of 2003 holding that the suit was laid to stall the adjudication proceedings in EP No. 102 of 2003.