- 1 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 2405 OF 2025 C/W REGULAR FIRST APPEAL NO. 2397 OF 2025 REGULAR FIRST APPEAL NO. 2404 OF 2025 IN RFA No. 2405/2025 BETWEEN: 1. SMT. DARSHINI K.H D/O K.L HARISH AGED ABOUT 29 YEARS RESIDING AT KRS AGRAHARA, 777 SHANTHI NILAYA, KUNIGAL TUMKUR – 572 130. …APPELLANT (BY SRI. ARJUN AJAY, ADVOCATE) AND: 1. SRI. MOHAMMED SHAMEER S/O LATE MOHAMMED ANWAR AGED ABOUT 48 YEARS RESIDING AT NO.963, TANJAVOOR MOHALLA, KUNIGAL, TUMKUR – 572 130. 2. THE KARNATAKA STATE BOARD OF AUQAF HAVING IT'S OFFICE AT NO.6, CUNNINGHAM ROAD, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 BANGALORE – 560 052. 3. CENTRAL MAJILIS-E-SHOORA HAVING ITS OFFICE AT HAZRATH HAKIM ALI SHAH COMPLEX, B.M ROAD, KUNIGAL TOWN, TUMKUR DISTRICT – 572 130. REP. BY ITS PRESIDENT/SECRETARY/CARETAKER …RESPONDENTS (BY SRI. NISHAD S A, ADVOCATE FOR R1; SRI. MOHAMMAD NIYAZ S, ADVOCATE FOR R2; R3 IS SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.07.2025 PASSED IN OS.NO.26/2022 ON THE FILE KARNATAKA WAQF TRIBUNAL BANGALORE AND ETC., IN RFA NO. 2397/2025 BETWEEN: 1. ABDUL HANNAN S/O ISMAIL SHAIKH AGED ABOUT 24 YEARS RESIDING AT WARD NO.19, AMBEDKAR NAGAR, KUNIGAL TUMKUR – 572 130. ...APPELLANT (BY SRI. ARJUN AJAY, ADVOCATE) AND: 1. ANJUM PASHA S/O LATE FAZLULLA KHAN AGED ABOUT 51 YEARS RESIDING AT NO.140, MADDUR ROAD, 2ND CROSS, BEHIND OLD LIC OFFICE, - 3 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 KUNIGAL TUMKUR – 572 130. 2. THE KARNATAKA STATE BOARD OF AUQAF HAVING ITS OFFICE AT NO.6, CUNNINGHAM ROAD, BANGALORE – 560 052. 3. CENTRAL MAJILIS-E- SHOORA HAVING ITS OFFICE AT, HAZRATH HAKIM ALI SHAH COMPLEX, B.M ROAD, KUNIGAL TOWN, TUMKUR DISTRICT REP. BY ITS PRESIDENT/ SECRETARY/ CARETAKER ...RESPONDENTS (BY SRI. NISHAD S A, ADVOCATE FOR R1; SRI. MOHAMMAD NIYAZ S, ADVOCATE FOR R2; R3 IS SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.07.2025 PASSED IN OS.NO.24/2022 ON THE FILE OF KARNATAKA WAQF TRIBUNAL, BANGALORE AND ETC., IN RFA NO. 2404/2025 BETWEEN: 1. SRI. MOHAMMED SALAHUDDIN S/O ABDUL MOHAMED ZIAUDDIN AGED ABOUT 66 YEARS RESIDING AT TANJAVOOR MOHALLA KUNIGAL TUMKUR – 572 130. ...APPELLANT (BY SRI. ARJUN AJAY, ADVOCATE) - 4 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 AND: 1. SMT. SHAMSHAD BEGUM W/O MOHAMMED AZGAR AGED ABOUT 46 YEARS RESIDING AT GUJJARI MOHALLA KUNIGAL, TUMKUR – 572 130. 2. THE KARNATAKA STATE BOARD OF AUQAF HAVING IT'S OFFICE AT NO.6, CUNNINGHAM ROAD, BANGALORE – 560 052. 3. CENTRAL MAJILIS-E-SHOORA HAVING ITS OFFICE AT HAZRATH HAKIM ALI SHAH COMPLEX B.M. ROAD, KUNIGAL TOWN, TUMKUR DISTRICT – 572 130. REP. BY ITS PRESIDENT/ SECRETARY/CARETAKER ...RESPONDENTS (BY SRI. NISHAD S A, ADVOCATE FOR R1; SRI. MOHAMMAD NIYAZ S, ADVOCATE FOR R2; R3 IS SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.07.2025 PASSED IN OS NO.25/2022 ON THE FILE OF KARNATAKA WAQF TRIBUNAL, BANGALORE AND ETC., THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The cases are called out twice during the day, but the learned counsel appearing on behalf of the appellant in all three cases is absent. 2. The office has raised objection regarding the maintainability of the appeals in view of Section 96 of Code of Civil Procedure (CPC). 3. The impugned order was passed by the Karnataka Waqf Tribunal, Bengaluru1, in O.S.Nos.24, 25 and 26 of 2022 dated 25.07.2025. 4. As per sub section (9) of Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, any person aggrieved by the order of the Tribunal has the remedy of preferring an appeal before the High Court. 1 hereinafter referred to as ‘the Tribunal’ for short - 6 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 5. Sub section (9) of Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, reads as follows: “83. Constitution of Tribunals, etc. xxxxxxx (9) Any person aggrieved by the order of the Tribunal, may appeal to the High Court within a period of ninety days from the date of receipt of the order of the Tribunal.” 6. Therefore, against the order passed by the Tribunal, the appeal under Section 96 of CPC is not maintainable. However, the appeal under sub section (9) of Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 is maintainable. Hence, the appeals filed under Section 96 of CPC are not maintainable. 7. In view of the above said observations, the appeals are dismissed as not maintainable. - 7 - HC-KAR CNR: KAHC010689372025 NC: 2026:KHC:36153 RFA No. 2405 of 2025 C/W RFA No. 2397 of 2025 RFA No. 2404 of 2025 8. However, liberty is reserved to the appellants to prefer appeals as per law, as above stated. 9. The period spent in prosecuting these appeals shall be excluded for the purpose of computation of limitation as per Section 14 of the Limitation Act, 1963. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 42