In an appeal regarding the appointment of a Muthawalli, the court allowed the petitioner to be impleaded as the 3rd defendant given his claim to the position. It directed that any future claims be contested separately.
Petitioner impleaded as 3rd defendant; appeal allowed subject to contesting future claims on same issue separately.
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.
C.M.P.No.13507 of 2021 in
S.A.SR.No.90230 of 2020
P.T.ASHA, J .,
This petition is filed for impleading the petitioner as 3rd defendant which is more or less a formality, since the earlier Muthawalli was the brother of the deponent herein. No other Muthawalli has been appointed. The contention of the petitioner is that he has been appointed as Muthawalli which has been objected to by the respondents. The second appeal is in the condone delay stage and therefore, without impleadment being ordered, the matter cannot be proceeded with as the fourth respondent would go unrepresented.
15.11.2022
ssn
1/2
P.T.ASHA, J .,
ssn
C.M.P.No.13507 of 2021 in S.A.SR.No.90230 of 2020
15.11.2022
1 issue framed by the court
Whether the petitioner should be impleaded as the 3rd defendant rather than as a witness given his claim to the post of Muthawalli?
Petitioner
R.W. Mujawar Appanaji Sahib Wakf Board (Proposed 3rd Respondent)
1st Respondent
2nd Respondent
4th Respondent
P. T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
