- 1 - HC-KAR NC: 2025:KHC:48457 WP No. 22381 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.22381 OF 2025 (GM-WAKF) BETWEEN: 1. MOHAMMAD MUSA SAIT WAKF HAVING ITS REGISTERED OFFICE AT NO.10, SHYAMS GARDEN UNIT 1 A KHADER NAWAZ KHAN ROAD CHENNAI 600 006 REPRSENTED BY ITS MUTHAVALLI MR. MUNEER SAIT. 2. MR. MUNEER SAIT SON OF LATE MR. ISMAIL SAIT AGED ABOUT 84 YEARS RESIDING AT NO.18, NEW NO.4 SHAFEE MOHAMEED ROAD CHENNAI - 600 006. &PETITIONERS (BY SRI. TAMOGHNA MANISH PALLINTI, ADVOCATE FOR SRI. RAGHURAM CADAMBI, ADVOCATE) AND: 1. NIL &RESPONDENT Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48457 WP No. 22381 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.04.2025 PASSED IN THE PETITION IN MISC. NO. 278/2023 ON THE FILE OF THE HON'BLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (ANNEXURE A) TO THE EXTENT THAT IT ONLY ALLOWS THE PETITION IN PART TO AN EXTENT OF RS. 50,000/- PER MONTH AS RENUMERATION AND CONSEQUENTLY, ALLOW THE PETITION IN MISC. NO. 278/2023 ON THE FILE OF THE HON'BLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioners are assailing the order dated 15.04.2025 in Misc.No.278/2023(Annexure-A), on the file of Principal City Civil and Sessions Judge at Bengaluru, permitting the petitioner - Wakf to draw and disburse the remuneration of Rs.50,000/- per month to the Muthavalli from the date of the petition i.e.15.02.2023 till further revision of remuneration. - 3 - HC-KAR NC: 2025:KHC:48457 WP No. 22381 of 2025 2. Having taken note of the submission made by Shri. Tamoghna Manish Pallinti, learned counsel for the petitioners and Shri. Aditya Vikram Bhat, learned Amicus Curiae, on careful consideration of the report submitted by the learned Amicus Curiae, wherein at para No.8, it is stated that there are 56 beneficiaries of the Wakf and Wakf is being generating a distributable income of approximately Rs.57,05,40,735/- per annum and same has to be divided amongst the 56 beneficiaries and accordingly, each of the beneficiaries will get Rs.64,286/- per annum. In that view of the matter, taking into consideration the Judgment rendered in the case of Mahabir Prasad & Another Vs. Mustafa Hussain Syed and others in First Civil Appeal No.6/1931 disposed of on 11.08.1932, I am of the view that, the remuneration be fixed not exceeding 1/10th of net profits. In that view of the matter, taking into consideration that the Wakf is generating income of Rs.57,05,47,735/- per annum, to be distributed amongst 56 beneficiaries, and that apart the amount claimed by the petitioner- Wakf before the Trial Court is at Rs.3,00,000/- per month is just and proper and accordingly, the order dated 15.04.2025 in Misc.No.278/2023 on the file of Principal City - 4 - HC-KAR NC: 2025:KHC:48457 WP No. 22381 of 2025 Civil and Sessions Judge at Bengaluru, is hereby modified and as such the remuneration of Rs.3,00,000/- per month be payable to the petitioner from the proceeds of the Wakf. Further it is made clear that there is no impediment for the petitioners to seek increment in accordance with law. 3. This Court also appreciates the service rendered by Shri. Aditya Vikram Bhat, learned Amicus Curiae for adjudication of this writ petition. It is made clear that the petitioner No.1 - Wakf shall pay honorarium of Rs.15,000/- to the learned Amicus Curiae, within a period of three weeks from the date of receipt of certified copy of this order. 4. Writ Petition stands disposed of accordingly. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 27