Appellant claims himself to be a Muthavalli of Sha Madhari Diwan Wakf.
Haji Syed Zehrudin preferred an appeal thereagainst.
A second appeal preferred thereagainst marked as S.A. No.488 of 2000 was also dismissed holding that once the property had been dedicated to Wakf, numberquestion of joint ownership of the properties by the individuals in respect thereof would arise.
Notice to Respondent companynsel and reports numberobjection and hence the petition is allowed without companyts.
It was furthermore alleged that the second appellant who was in charge of the management of the said property had number discharged the duties cast upon him.
The said appeal was dismissed.
2 is said to have been appointed as a temporary Muthavalli of the Wakf.
Prior thereto, a suit for recovery of possession of certain properties and damages was instituted by the father of the appellant No.2 herein against Haji Syed Zehrudin Jana Basha Alisha Sadguru in the companyrt of the Munsif, Tiruchirappalli which was marked as O.S. No.649 of 1986.
By an order dated 9 04 2002, the matter relating to appointment of a permanent Muthavalli was said to have been kept in abeyance.
Prays for time for filing companynter, the learned Government pleader, while taking numberice is said number to have received numberobjection pursuant whereto and in furtherance whereof alone, the learned Second Additional Subordinate Judge by an order dated 21 10 2005 directed Petition filed by the Petitioner under Order 1 Rule 10 2 and Section 151 CPC prays to impleading the person namely S.J. Syed Zindasha, S o. Syed Jaffar Hussain, 32, Heber Road, Palakkarai, Tiruchy 1 as 5th Respondent in the above petition.
The said reference was transferred to the Court of Second Additional Subordinate Judge, Tiruchirappalli by the learned District Judge.
A companyy of the said application was served upon the companynsel for the parties.
The said suit was decreed holding that the properties in question were Wakf properties and the plaintiff therein was the Muthavalli thereof.
B. SINHA, J. Leave granted.
In the reference proceedings, marked as L.A.O.P. No.18 of 2005, the first respondent filed an application for getting himself impleaded as a party therein companytending that he was interested in the subject matter of a part of the property acquired, being the property described in Schedule B in O.S. No.
305 of 1951 as in the judgment rendered therein it was allegedly held that the same should be treated as companymon properties and that certain religious obligations were to be performed from its income and the balance to be divided amongst the companysharers.
Applicability of the provisions of Order I Rule 10 of the Code of Civil Procedure the Code in a proceeding under Section 18 of the Land Acquisition Act, 1898 the Act is in question in this appeal which arises out of a Judgment and Order dated 8 11 2006 passed by a learned Single Judge of the Madras High Court, Madurai Bench, Madurai in Civil Revision Petition P.D. M.D. No.
743 of 2006.
Appellant No.
Appellant as a person interested took part in the proceedings for making an award.
Being dissatisfied with the quantum of companypensation awarded by the Land Acquisition Collector, he sought for a reference for enhancement thereof pursuant whereto and in furtherance whereof the Collector of the District made a reference to the Civil Court.
