Syed Akbar Sakkaf v. Syed Latheef

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI and C.M.P.No.26183 of 2023 1.Syed Akbar Sakkaf 2.Syed Ajaz Ahmed 3.Haseena Bi ...

Petitioners -Vs1.Syed Latheef 2.G.M.Syed Fasi Mohammed 3.Shabana Ayisha 4.Fathima Begum 5.Syed Thula Basha 6.S.A.Rahman 7.Syed Faizullah 8.Syed Akthar Hussain 9.Miss.Habeebunnissa Begum 10.The Tamil Nadu Waqf Board Rep.by its Chief Executive Officer No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai-600 001.

11.The Election Officer / Superintendent of Waqfs Chennai Zone, No.139. Dr.Besant Road Ice House, Triplicane, Chennai 600 005.

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12.Syed Mazhar Hussain 13.H.Mohammed Sajath 14.Syed Kasim Sakaaf 15.H.W.Shanaaz 16.H.Gayaz Ali 17.Mubeen Aamina 18.Syed Ghousia Begum 19.Showkath Jahan 20.Dadahamakkam Waqf Rep.by the Present Committee Rep.by the Present Secretary No.5, Dargah Street, Dadashamakkan Chennai-600 012.

21.H.Siraj Ali ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order of the Tamil Nadu Waqf Tribunal at Chennai dated 30.10.2023 in I.A. No.329 of 2023 in O.A. No.79 of 2022.

For Petitioners : Mr.P.Valliappan, Senior Advocate for M/s.PV Law Associates For Respondents 1 and 2 : M/s.Kaja Navas (Caveator) 2/5

ORDER

Challenging the impugned fair and decreetal order passed in I.A.No.329 of 2023 in O.A.No. 79 of 2022 passed by the Tamil Nadu Waqf Tribunal, Chennai, the Revision Petitioners preferred this Civil Revision Petition.

2. Before the trial court, the Revision Petitioners filed an application under Order VII Rule 11 (a) and (d) and Sec.151 of C.P.C. to reject the main O.A. That application was strongly opposed by the respondents. On hearing both sides, the Waqf Tribunal held that the consequential relief cannot be sought in the main O.A. for the reason that inherent power conferred under Sec.151 of C.P.C. is not applicable to the present case, thereby it was dismissed. Challenging the said findings, the Revision Petitioners preferred this Civil Revision Petition.

3. Records perused. On perusal of entire facts, it reveals that by invoking Sec.151 of C.P.C. as well as Order VII Rule 11 (a) and (d), the Revision Petitioners prayed to reject the plaint, but those provisions are not applicable to the application filed before the Waqf Tribunal and the same was rightly appreciated by the Waqf Tribunal, which needs no interference. 3/5

Therefore, I do not find any irregularity in the order passed by the Waqf Tribunal. Accordingly, this Civil Revision Petition is dismissed. However, liberty is granted to the Revision Petitioners to raise all their objections before the Waqf Tribunal. Furthermore, though the direction was issued by this court dated 19.04.2023 to the Waqf Tribunal to dispose the case within a period of three months, so far, there is no progress in the proceedings. Hence, the Waqf Tribunal is directed to commence the trial and dispose the case within a period of two months without giving unnecessary adjournments from the date of receipt of copy of this order. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 29.11.2023 Index : Yes/No Speaking Order : Yes/No rpp To The Tamil Nadu Waqf Tribunal, Chennai.

T.V.THAMILSELVI, J.

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