Appellants appealed against the dismissal of their suit for permanent injunction regarding Waqf property. The Court dismissed the appeal procedureally as eviction had already occurred before the appeal was heard, rendering the matter immaterial for further adjudication.
Appeal suit No.113 of 2011 is dismissed; no order as to costs.
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.
A.S.No.113 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
A.S.No.113 of 2011
1.Habitha Bi
... Appellants
Versus
1.Union of India, Rep. by its Chief Secretary to Government of Puduchery, having office at Cheif Secretariat, Goubert Avenue, Pondicherry.
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A.S.No.113 of 2011
Prayer : Appeal Suit is filed under Order XLI, Rule 1 read with Section 96(1) of the Code of Civil Procedure, 1908, against the order dated 12.08.2010 of the Learned Wakf Tribunal III-Additional District Judge, at Pondicherry in (WT) O.S.No.2 of 2004.
For Appellants : Mr. G. Shanmugam For Respondents : Mr. P.S. Kothandaraman, (for R1 &R2) Government Advocate (Pondicherry) : Mr. Sunil Kumar (for R3)
JUDGMENT
The Appeal Suit is directed against the Judgment and Decree of the Waqf
Tribunal/III-Additional District Judge, Puducherry, dated 12.08.2010, in O.S.No.2 of 2004, in and by which the suit filed by the appellants/plaintiffs was dismissed by the Trial Court. (hereinafter in the judgment the parties are referred to as per their rank arrayed in the original suit)
2.The plaintiffs filed the present suit for a permanent injunction restraining the defendants not to dispossess the plaintiffs from the suit property except by due process of law.
3.The suit was resisted by the defendant by stating that the suit property
is Waqf property and the suit filed by the plaintiffs, without issuing notice https://www.mhc.tn.gov.in/judis
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under Section 89 of the Waqf Act, is not maintainable.
4.The Trial Court considered the said issue and dismissed the suit for not issuing statutory notice and holding that the suit is not maintainable. Aggrieved by the same, the plaintiffs have filed the present Appeal suit.
13.06.2023
Index : Yes/No Speaking / Non-Speaking order Neutral Citation : Yes/No
klt
To
1.The Wakf Tribunal III-Additional District Court, Pondicherry.
2.The Section Officer, V.R. Section, High Court of Madras.
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A.S.No.113 of 2011
D.BHARATHA CHAKRAVARTHY, J.
klt
A.S.No.113 of 2011
13.06.2023
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Habitha Bi and others
Union of India, Rep. by its Chief Secretary to Government of Puducherry
The Secretary Wakf Board, Pondicherry
Masjid-E-Mohamadia Pallivasal and others
D. Bharatha Chakravarty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
