- 1 - HC-KAR NC: 2026:KHC-D:340 MFA No. 103625 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.103625 OF 2025 (WC) BETWEEN: 1. SAJID KHAN S/O. FIAZ AHMED KHAN MULLA, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR-583232, TQ. KUKANOOR, DIST. KOPPAL. 2. ZAHID AHMED KHAN S/O. FIAZ AHMED KHAN MULLA, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR-583232, TQ. KUKANOOR, DIST. KOPPAL. 3. MAJID KHAN S/O. FIAZ AHMED KHAN MULLA, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR-583232, TQ. KUKANOOR, DIST. KOPPAL. 4. KAUSAR BEGUM W/O. MUSHTAK AHMED, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR PROPER-583232, TQ. KUKANOOR, DIST. KOPPAL. 5. BASHEER KHAN S/O. AKBAR KHAN MULLA, AGE. 69 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR PROPER-583232, TQ. KUKANOOR, DIST. KOPPAL. 6. LIYAKAT ALI KHAN S/O. AKBAR KHAN MULLA, AGE. 63 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR PROPER-583232, TQ. KUKANOOR, DIST. KOPPAL. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:340 MFA No. 103625 of 2025 7. SHAMEEN BANU W/O. IMTIYAZ AHMED KHAN MULLA, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR PROPER-583232, TQ. KUKANOOR, DIST. KOPPAL. &APPELLANTS (BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE) AND: 1. RASHEEDSAB S/O. REHMANSAB UMACHAGI, JAMIYA MASJID BAZAR (SUNNI) AND IDGA COMMITTEE (SUNNI) REPRESENTED BY ITS PRESIDENT, KUKNUR-583232, TQ. KUKNUR, DIST. KOPPAL. 2. RAMANAGOUDA S/O. SOMASHEKHARGOUDA, AGE. 69 YEARS, OCC. AGRICULTURE, R/O. HUNAGUND-587118, TQ. HUNAGUND, DIST. BAGALKOTE. 3. ANANDKUMAR S/O. REKHAPPA RATHOD, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. ILKAL-587125, TQ. HUNAGUND, DIST. BAGALKOTE. 4. NOOR AHMED S/O. AMMERSAB HANAJGIRI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KUKANOOR-583232, TQ. KUKANOOR, DIST. KOPPAL. &RESPONDENTS (BY SMT. SABHAHATH SULTANA FOR SRI. B. MUHAMMED ALI, ADVOCATE FOR R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 83(9) OF THE WAKF AMENDED ACT OF 2025, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 07.08.2024 PASSED IN O.S. NO.13/2019 PASSED BY THE PRESIDING OFFICER KARNATAKA STATE WAQF TRIBUNAL KALABURAGI DIVISION AT KALBURGI/1ST ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU AND DISMISS THE SUIT IN O.S. NO.13/2019 IN ITS ENTIRETY IN THE ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:340 MFA No. 103625 of 2025 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present appeal is filed seeking the following prayer: <To set aside the impugned order dated: 07.08.2024 passed in O.S.No.13/2019 passed by the Presiding Officer Karnataka State Waqf Tribunal Kalaburgi Division at Kalburgi/1st Additional City Civil and Sessions Judge Bengaluru and dismiss the suit in O.S.No.13/2019 in its entirety in the ends of justice and equity.= 2. The Office has raised an objection with regard to the maintainability as the impugned order is passed by the Waqf Tribunal Kalaburgi Division and the appeal lies to the High Court Bench at Kalaburgi. 3. Learned counsel for the petitioners submits that the property is situated at Koppal and this Court is having the jurisdiction. 4. Considering the fact that the order passed by the Waqf Tribunal is within the jurisdiction of the Kalaburgi Bench, the - 4 - HC-KAR NC: 2026:KHC-D:340 MFA No. 103625 of 2025 appeal lies to the Bench at Kalaburgi. Hence, this matter shall be transferred to the Bench at Kalaburgi. 5. Accordingly, for the statistical purpose, the appeal is disposed of. i. All contentions are kept open. ii. All I.As. in this appeal shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 9