M. K. M. Ramzi and M. Naif vs M. R. M. Malik and M. Noorul Ameen – CA WAKFS/01/2019-2023

In the case between M. K. M. Ramzi and M. Naif (representing Fort Jumma Mosque) and M. R. M. Malik, M. Noorul Ameen, and others from the Department of Muslim Religious and Cultural Affairs, the court addressed the issue of whether an appeal against the Wakf Tribunal’s order is maintainable in the absence of the mandatory filing of a notice of appeal under Section 754 of the Civil Procedure Code. It was determined that the procedural requirements of the Civil Procedure Code, particularly the filing of a notice of appeal, are binding on parties appealing from the Wakf Tribunal, as mandated by Section 9G of the Wakfs Act. The holding reaffirmed that the failure to comply with these procedural steps renders the appeal incompetent. Reliance was placed on relevant statutory provisions and author