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2009 DIGILAW 370 (KAR)

R. K. Prathapa v. Tahsildar, Srinivasapura Taluk, Kolar District

2009-06-08

V.JAGANNATHAN

body2009
Judgment : Both these revision petitions arise out of the common order passed by the Trial Court on a preliminary issue framed for consideration touching upon the jurisdiction of the Civil Court to deal with any property which is declared to be Wakf property. The Trial Court dismissed the suits of the respective plaintiffs, who are the petitioners herein, for injunction by holding that the suits of the plaintiffs are not maintainable since the suit properties are part and parcel of the S.No.161 i.e., Wakf property. With the said observation, the suits of the plaintiffs were dismissed. 2. I have heard the learned Counsel for the parties and perused the impugned order of the Trial Court. 3. The submission of the learned Counsel for the petitioners is that the property in respect of which the plaintiffs have sought the relief of injunction is not Wakf property and it is the property outside the purview of the Wakf Board. 4. The learned Counsel for respondent 2 submitted that the documents produced before the Court below clearly establish that by virtue of the Gazette notification dated 21-7-1965, 25 guntas of land in S.No.161 has been declared to be Wakf property. It is his further submission that the evidence given by P.Ws. 1 and 2 in their cross-examination was considered by the, Trial Court to dismiss the suits. 5. In view of the above submissions put forward and the learned Counsel for the petitioners not making any claim over the Wakf property, which is 25 guntas of land in S.No.161 with regard to which there has been a Gazette notification dated 21-7-1965 as per Ex.D.1, the issue, therefore, narrows down to the point of deciding as to whether the respective suit properties fall outside the notified area or not. Since the Trial Court has dismissed the suits of the plaintiffs without examining this aspect of the matter, the impugned order of the Trial Court on the preliminary issue cannot be sustained in law and moreover, it is too premature stage to come to any conclusion as to whether the suit properties do come within the four corners of 25 guntas of land in S.No.161 notified as Wakf property and this can only be answered only after the parties are given the opportunity to lead evidence on all other issues as well. 6. 6. For the above reasons, the impugned order is set aside and the matter is remitted to the Trial Court to consider all the issues by affording the parties opportunity to lead evidence in respect of their respective stand taken in the pleadings and thereafter, the Trial Court shall dispose of the suits in accordance with law, within a period of six months from the date of this order. Any observation made herein above shall not in any way influence the Trial Court while deciding the case on merits.