HAJI MOHAMMED SHAH Vs. MAHANT MEHMOOD SHAH

JUDGEMENT

(1.) Challenge in this writ petition under Article 227 of the Constitution is made to an interlocutory order-dated 12.1.2007, passed by the MP State Wakf Tribunal, Bhopal in Case No.9/2003, by which an application filed by the petitioner under Order I Rule 10 of the Code of Civil procedure, has been rejected.

(2.) Dispute in question pertains to certain property, which is situated in District Satna. Plaintiff/respondent No.1 Mahant Mehmood Shah has initiated the proceedings against the MP Wakf Board and the State of Madhya Pradesh with regard to his right to the property and the act of Wakf Board in only treating him as a 'Mutwalli'. Be it as it may be, in the pending dispute petitioner claimed his right to the property mainly on the ground that the property in question was in the name of his father Late Madara Shah and after his death, petitioner's father Ahmed Shah is in possession and ownership of the property. Interalia contending that in the revenue records and various documents, he is shown to be in possession, the application under Order I Rule 10 of the CPC, was filed to say that petitioner is also a necessary party and any order passed in the suit will have adverse affect on his right.

(3.) This application has been rejected by the learned Wakf Tribunal mainly on the ground that it has been filed at the stage of final hearing after evidence of the parties have been recorded, it is also held that as the petitioner can always file a fresh suit claiming his right to the property, therefore, he need not be impleaded as a party.