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2025 DAILYLAW 77181 (KAR)

NOOR AHMED KHAN v. MASJID -E-DARGAHI

RP/89/2025 · 2025-07-23

Jyoti Mulimani

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:27821 RP No. 89 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REVIEW PETITION NO. 89 OF 2025 BETWEEN: 1. NOOR AHMED KHAN AGED ABOUT 86 YEARS, S/O HAJI. GHULAM HUSSAIN KHAN, LATE, R/O HOUSE NO.15-16, DARUL AMAAN, NEXT TO CITB HOUSES, SYED ABDUL RAHMAN ROAD, UDAYAGIRI, MYSURU-570 019. 2. ABDUL JABBAR KHAN, AGED ABOUT 70 YEARS, S/O ABDUL RAHMAN KHAN, LATE, R/O DOOR NO.21, SIDDIQ MOHALLA 'B' LAYOUT, BANNIMANTAP, MYSURU-570 015. …PETITIONERS (BY SRI. MAHMOOD PATEL., ADVOCATE) AND: 1. MASJID-E-DARGAHI SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. REPRESENTED BY ITS 2. SHAFIULLA BAIG S/O WAZIR BAIG, AGED ABOUT 58 YEARS, PRESIDENT-MASJUD-E-DARGAHI SITUATED AT SAWDAY ROAD, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27821 RP No. 89 of 2025 MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.1966/1, TURABALLI STREET, SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. 3. S.A.RASHEED, S/O LATE SYED DAWOOD, AGED ABOUT 70 YEARS, VICE PRESIDENT, MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2745, TURABALLI STREET, SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. 4. ABDUL-SALAM S/O LATE FAIROZ, AGED ABOUT 40 YEARS, SECRETARY MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, LAKSHAR MOHALLA, MYSURU-570 021. RESIDING AT NO.2211, TURABALLI STREET, SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. 5. M.C.MUNAVAR PASHA, S/O LATE CHOTE SAB, AGED ABOUT 69 YEARS, TREASURER MASJUD-E-DARGAHI SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021 RESIDING AT NO.2820, M-3/1, 4TH CROSS, SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. 6. ABDUL SATTAR S/O LATE ABDUL JABBAR, AGED ABOUT 62 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2686/2, - 3 - HC-KAR NC: 2025:KHC:27821 RP No. 89 of 2025 SULTHAN PARK ROAD, MANDI MOHALLA, MYSURU-570 021. 7. BADSHA @ BABU S/O LATE MOHAMMED HAYATH, AGED ABOUT 58 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2819, 4TH CROSS, TURABALLI STREET, SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. 8. IFTEKHAR BASHIR AHMED, S/O LATE BASHEER AHMED, AGED ABOUT 41 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2762/5, PARK ROAD, MANDI MOHALLA, MYSURU-570 021. 9. MOHAMMED IRFAN QUERSHI, S/O LATE MOHAMMED ISMAIL, AGED ABOUT 30 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2225, SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. 10. RIYAZ AHMED S/O LATE MOHAMMED AHMED, AGED ABOUT 65 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2719, M.K.D.K. ROAD, MANDI MOHALLA, MYSURU-570 021. - 4 - HC-KAR NC: 2025:KHC:27821 RP No. 89 of 2025 11. SHRAFUDDIN S/O LATE GULAM MOINUDIN, AGED ABOUT 48 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021, RESIDING AT NO.2901, MOMTABUT STREET, MANDI MOHALLA, MYSURU-570 021. 12. AYUB SHARIFF, S/O REHMAN SHARIFF, AGED ABOUT 32 YEARS, COMMITTEE MEMBER MASJUD-E-DARGAHI, SITUATED AT SAWDAY ROAD, MANDI MOHALLA, MYSURU-570 021. RESIDING AT NO.2618, M.K.D.K. ROAD, MANDI MOHALLA, MYSURU-570 021. 13. THE KARNATAKA STATE BOARD OF AUQAF HAVING ITS OFFICE AT 'DARUL AUQAF', NO.6, CUNNINGHAM ROAD, BENGALURU-560 052. REPRESENTED BY ITS CHAIRMAN. 14. THE KARNATAKA STATE BOARD OF AUQAF, HAVING ITS OFFICE AT 'DARUL AUQAF', NO.06, CUNNINGHAM ROAD, BENGALURU-560 052. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 15. THE DISTRICT AUQAF OFFICER, THE DISTRICT WAKF ADVISORY COMMITTEE, MYSURU DISTRICT, NEW SAYYAJI RAO ROAD, MANDI MOHALLA, MYSURU-560 021. 16. SRI. MOHAMMED MUSHTAQ WAQF OFFICER I/C MANDYA DISTRICT AND APPOINTED AS CARETAKER OF MASJID-E-DARGAHI, SITUATED - 5 - HC-KAR NC: 2025:KHC:27821 RP No. 89 of 2025 AT SAWDAY ROAD, MYSURU-560 021. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS REVIEW PETITION IS LISTED FOR HEARING- INTERLOCUTARY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahmood Patel, counsel for the review petitioners has appeared in person. Counsel for the review petitioners submits that this Court has recalled the order passed in W.P.No.6584/2020, hence, the review petitioners does not press the review petition. Counsel therefore, submits that the review petition may be dismissed as not pressed. When queried, counsel for the review petitioners submits that a conscious decision is taken by him and the review petitioners about non-pressing of the review petition and if an order is passed, they shall not seek for recalling the same. The oral submission made by counsel for the review petitioners is placed on record. - 6 - HC-KAR NC: 2025:KHC:27821 RP No. 89 of 2025 The Review petition is dismissed as not pressed. Because of dismissal of the review petition, pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP/KMV List No.: 1 Sl No.: 11