The Single Judge disposed of a review petition under Order 47 Rule 1 CPC without hearing, dismissing it on the grounds of non-prosecution and lack of merit, as the petitioner failed to appear.
Review petition against Civil Revision Petition order dated 01.02.2013 dismissed for non-prosecution and lack of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 09TH DAY OF JUNE, 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
REVIEW PETITION NO.2511 OF 2013
IN CIVIL REVISION PETITION NO.2007/2012
BETWEEN:
Masjid-E-Habeen Nabi Khana Shaik Roza Madrasa Dini Darul-Uloom Osmania Junaid Nagar, Masjid-E-Habeeb, Nabi Colony, Shaik Roza Gulbarga, through its President Mutawalli Shaik Hameed Mahmood Junedi S/o Mohd Osman Junedi, Age: 60 years, Occupation Mutawalli, Residents of Shaik Roza, Gulbarga – 585 103.
… PETITIONER
(Shri N. Krishnacharya, Advocate)
AND:
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Bangalore – 560 001.
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Occupation: Business Nabi Colony, Aland Road, Gulbarga – 585 103.
… RESPONDENTS
This Review Petition is filed under Order 47 rule 1 C.P.C. read with Section 114 of Civil Procedure Code praying to allow the review petition, reviewing the order and Judgment dated 01.02.2013 passed by this Hon’ble High Court in C.R.P.No.2007/2012 and under the principles of equity and natural justice, considering the facts and circumstances of the case.
This petition coming on for Orders this day, the Court made the following:
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O R D E R
None appears for the petitioner. Office objections have not
been complied with.
be reviewed on the ground that the order is illegal, as the petitioner was in possession of the suit property and by virtue of the order sought to be reviewed, the petitioner was likely to be dispossessed from the property.
This cannot be a ground for review, as there is no error apparent sought to be demonstrated. Hence, the petition lacks merit. In any event, the petition is dismissed for non-prosecution.
Sd/JUDGE
KS
Masjid-E-Habeen Nabi Khana Shaik Roza Madrasa Dini Darul-Uloom Osmania
Karnataka State Board of Wakf
The Administrator/Wakf Officer District Wakf Advisory Committee, Gulbarga
Mohd. Saleem Inamdar
Khazi Sayeed Allauddin
Khazi Sayeed Asadullah
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
