Telangana High Court
CCCA/54/2026 of Mohd Abdul Jaleel (Alias Zakir) Vs Mohd. Nazeer Ali on 25 March 2026
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENry FIFTH DAY OF MARCH N/VO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUST]CE NAMAVARAPU RAJESHWAR RAO CITY CIVIL COURT APPEAL NO: 54 OF 2026 Appeal under section gO of C.P.C against the Judgment and Decree Dated
I
[ 33041
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE TWENry FIFTH DAY OF MARCH
N/VO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUST]CE NAMAVARAPU RAJESHWAR RAO
CITY CIVIL COURT APPEAL NO: 54 OF 2026
Appeal under section gO of C.P.C against the Judgment and Decree Dated 03.112025 made in E.A.No.64 oI 2023 in E.P.No.653 ot 2O2Z on the fite of the Court of the XXV Additional Chief Judge, City Civil Court at Hyderabad.
Between:
Mohd Abdul Jaleel (Alias Zakir), S/o Late Mohd Mahmood, Aged about 52 yrs, Occ. lron Scrap Business in a portion Of H.No. 14-842/4, Bholakpur, Musherabad, Hyderabad, T.S.
...Appellant /Claim Petitioner
AND
1. Mohd. Nazeer Ali, S/o Mohd Ali, Aged about 62 yrs, Occ. Claiming to be the Mutawalli of Jamia Masjid Musherabad, Hyderabad. R/o H.No. 1-4-836/?
Musherabad, Hyderabad, T. S.
2. The Chief Executive Officer, Telangana State Waqf Board, Having office at Haj House Building, opposite Public Garden, Hyderabad, T.S
3. Mohd. Shakir, S/o Late Mohd Mahmood Miya Aged about 47 yrs, Occ. Scrap Shop, R/o H.No. 1-4-82111, Bholakpur, Musherabad, Hyderabad, T.S
4. Mohd. Qamaruddin since died per L.RS, Hyderabad.
5. Smt Sultana Begum, Wo Mohd Qamaruddin Since died per L.RS
6. Smt Rugiya Begum, Wo Ahmed Mohiuddin, Aged about 60 yrs, Occ. housewife, R/o H.No. 17-8-21711, C.N.A.B Road, Yakutpura, Hyderabad, T.S
7. Mohd Nizamuddin, S/o Late Mohd Qamaruddin Aged about 49 yrs, Occ.
8. Mohd Nawazuddin, S/o Late Mohd Qamaruddin Aged about 58 yrs; Occ.
Business, R/o H.No. 14-829fi, Bholakpur, Musherabad, Hyderabad, T.S
9 smt Raziya Surtana Mahmooda, wo Late Mohd eanr rruddin Aged about 56
yrs, Occ. househotd, R/o H.No. B4_S4gtBt16, Srl a eirai]- er.r"grdO"
Hyderabad, T S
10. Mohd Nizamuddin, S/o Late Mohd eamaruddin Ag,: I about 55 yrs, Occ Business, R/o H No. 14-B2gt1,8holakpur, Urrn.i"OrO, I l,rderabad, T.S
1l Smt S-abina Mahboob, *,o Shaik_Mahboob, Aged abou i4 yrs, Occ. housewife R/o H.No. 14-829t1, Bhotakpur, lrrtusneraOaO, EyJorOrf f.S
12. Mohd Mazheruddin,
Business, R/o H.No. 1
13. Hassan Haji pasha,
Business, R/o H.No.
14. Smt. Atiya Sultana
housewife, R/o H.No.
l.A. NO: 20F 2026
l.A. NO: 3 oF 2026
BETWEEN:
1. Mohd Abdul Jaleet (Atias Zaki
Occ. Iron Scrap Business
Musherabad, Hyderabad, T.S
S/o Late Mohd eamaruddin Ag: J about 53 yrs, 4-82911 , Bhotakpur, Musherabad] ttvOeraUaO, f.6
Occ
...Res1r, rndents/Respondents
Claiming to be the
H.No. 14-836t2.
...Petiti o rer/Respondent No.1
. S/o Late Mohd eamaruddin Age j about 52 yrs, Occ 14-82911 , Bholakpur, Musherabadl I vdsp65r6, T.$ -'
Asrhiya, Wo Osman Ahmed, Age i about 49 yrs, Occ 1 4-829t1, Bholakpur, Musherabai, _ryUeraOaO, fiS.'
Petition under section 151 of cPC praying that in the circr- ,stances stated in the affidavit fired in support of the p^etition, ff" r-ribnt"rrt ,"y u" prt zrsed to stay ail further proceedinss in E.p. No 653 oi2022 on the rrie oil.xveooition, ,:n,"r'JrJJ6,titiciuir Court, at Hyderabad.
Mohd. Nazeer Ali, S/o Mohd Ali, Aged about 65 yrs, O; .
Mutawatti of Jamia Masjid Mushe"rabrd, -;iil;rj;ad.
r /o
Musherabad, Hyderabad, T. S
AND
r), S/o Late Mohd Mahmoc 1, Aged about 52 yrs, in a portion Of H.No .c_dqZtq, enolakpui,
... i :spondenUAppellant
2. The Chief Executive Officer, Telangana State Waqf Board, Having office at Haj House Building, opposite Public Garden, Hyderabad, T.S
3. Mohd. Shakir, S/o Late Mohd Mahmood Miya Aged about 52 yrs, Occ. Scrap Shop, R/o H.No. 14-821/1, Bholakpur, Musherabad, Hyderabad, T.S
4. Mohd. Qamaruddin since died per L.RS, Hyderabad.
5. Smt Sultana Begum, Wo Mohd eamaruddin Since died per L.RS
6. Smt Rugiya Begum, Wo Ahmed Mohiuddin, Aged about 63 yrs, Occ. housewife, R/o H.No. 17-8-21711, C.N.A.B Road, Yakutpura, Hyderabad, T.S
7. Mohd Nizamuddin, S/o Late Mohd Qamaruddin Aged about 62 yrs, Occ.
Business, R/o H.No. 14-82911 , Bholakpur, Musherabad, Hyderabad, T.S
B. Mohd Nawazuddin, S/o Late Mohd Qamaruddin Aged about 61 yrs, Occ.
9. Smt. Raziya Sultana Mahmooda, Wo Rahimuddin, Aged about 60 yrs, Occ.
household, R/o H.No. 84-54918116, Sultan. Bazar, Erregadda, Hyderabad, T.S
10. Mohd Nizamuddin, Sio Late Mohd Qamaruddin Aged about 58 yrs, Occ.
Business, R/o H.No. 14-B2gl1, Bholakpur, Musherabad, Hyderabad, T.S
11.Smt. Sabina Mahboob, Wo Shaik Mahboob, Aged about 60 yrs, Occ. housewife, R/o H.No. 14-82911, Bholakpur, Musherabad, Hyderabad, T.S
12. Mohd Mazheruddin, S/o Late Mohd Qamaruddin Aged about 54 yrs, Occ.
'13. Hassan Haji Pasha, S/o Late Mohd Qamaruddin Aged about 51 yrs, Occ.
Business, R/o H.No. 14-82911, Bholakpur, Musherabad, Hyderabad, T.S
14 Smt. Atiya Sultana Arashiya, Wo Osman Ahmed, Aged about 49 yrs, Occ.
housewife, Rl/o H.No. 1-4-82911, Bholakpur, Musherabad, Hyderabad, T.S.
Petition under section 151 of cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order daled 1ao312026 in tA No.2 of 2026 in cccA No 54 of 2026 and dismiss the appeal by imposing exemplary costs on the petitioner herein / appellant.
Counsel for the Appellants : Sri Mirza Nisar Ahmed Baig Counsel for the Respondent No.1 : Sri Ashok Reddy Kanathala The Court delivered the following: Judgment
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THE HIGH COURT FOR THE STATT OF ] ELANGANA
AT TTYDERABAI)
THE HON'BLE SRI WSTICE NAIiIAVARAP'U R.r TJESHWAR RAO
C.C.C.A. No. 54 0F 20.26
25.O3.20.26
Between:
Mohd Abdul Jaleel (Alias Zakir), Hyderabad
...Appellant
AND
Mohd Nazeer Ali, Hyderabad and others.
...Respondents
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JUDGEMENT:
This appeal is preferred against the order dateJ r)3. rr.2o2s in E.A. No. 64 of 2023 in E.p. No. 653 of 2022 passed Additional Chief Judge, City Civil Court, Hyderabad. the learned XXV
2. Heard Mr. Mirza Nisar Ahmed Baig, learn: I counsel for the appellant and Mr. Ashok Reddy Kanathala, learrL, <l counsel for the respondents- Perused the record. 3' After hearing the arguments of both the learnt < counsel at iength, this court ca,.e to know that there is E.A. No. 64 of 2123 in E.p. No. 653 of 2022 filed by the appeilant. The said E.A. is dismi;;,:d by otrserving as follows:
RRN,J CCCA 54 2026 "...when the propertg in question is found to be wakf propertg and furth.er confirmed bg the higher Courts, tte onlg remedy auailable to th.e cLaim petitioner is to agitate his claim before tle Wakf Tibunal but not before tle Ciuil Court. Accordinglg, the Claim Petition is not maintainable. The claim petitioner has a remedg to agitate his claim before the Wakf Tibunal in tenns of tle prouisions under Wakf Act, 1995." (verbatim reproduced)
4. The contention of the learned counsel for the appellant is once the trial Court confirmed that there is no remedy to approach the Civil Court, the Court should not dismiss my application by returning the papers. However, the trial Court dismissed the E.A. No. 64 of 2023. Against the dismissal of the said E.A., the C.R.P. No. 977 of 2008 was filed and the said C.R.P. was dismissed as withdrawn by the appellant without any liberty and a-fter withdrawal of the C.R.P., the present C.C.C.A. is filed.
5. In view of the a-foresaid circumstances, this Court is not inclined to interfere with the orders passed by the learned XXV Additiona-l Chief Judge, Ciry Civil Court, Hyderabad, in E.A. No. 64 of 2023 in E.P. No.653 of 2022 and the appeal is liable to be dismissed as there is remedy available to the appellant to approach the Wakf Tribunal.
6. Accordingly, the C.C.C.A. is dismissed. However, liberty is granted to the appellant to approach the Wakf Tribunal on or before 08.04.2026.
w
RRN,J cccA-s4 2026 The respondents undertake that they won't de -r .lish the existing structure tifl filing of the application before the wakf I ribunal. There shall be no order as to costs. Miscellaneous petitions, if any pending, shall st r rd closed. Sd/. NAYANI CH! NDRA SEKHAR RAO )EPUTY REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1 . The )fiV Additional Chief Judge, City Civit Court at Hydera rad
2. One CC to SRI MIRZA NISAR AHMED BAIG, Advocate [r) ,UC]
3. One CC to SRI ASHOK REDDY KANATHALA, Advocate ( ))UCI
4. Two CD Copies ADI(BA '-.1
HIGH COURT RRN, J DATED: 25103t2026
JUDGMENT
CCCA.No.54 of 2026 DISMISSING THE CCCA WITHOUT COSTS oo _t- J/,''1r'
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