Memorandum of Writ Appeal (Under Clause 15 of the Letter Patent Act)
IN THE HIGH COURT OF JUDICATURE OF………….
AT……………
W.A. No. ……….. of ……..
Against
W.P. No………… of ……..
Between
1……………….. …Appellants/Petitioners
And
2………………. ….Respondents
The address for service of all notices, summons and processes on the above named Appellants are that of their Counself M/s………………………….Advocates, ………………..R/o………………………
The above named Petitioners/Appellants beg to present this Memorandum of Writ Appeal aggrieved against the Order made in W.P. No. ……………. Of…………… dated ……. By His Lordship Justice Shri……………………… for the following among other –
GROUNDS
1. The Judgment of the learned single Judge is not sustainable eithe in law or on facts.
2. The learned single Judge ought to have appreciated that the Appellants/Petitioners who are the owners of the property and who are in actual possession and enjoyment of the property are entitled to maintain the writ petition questioning the taking over of direct management by the respondents by virtue of a panchanama.
3. The learned single Judge should have appreciated tha the Appellants/Petitioners also can raise the question that the procedure which is expected to be followed had not been followed by the respondents while issuing the impugned proceedings.
4. The learned single Judge should not appreciated that several important contentions raised by the Appellants/Petitioners. In fact a suit was already filed relating to the declaration of title and the same is pending but however it is pertinent to note that the validity of the proceedings cannot be gone into in the said suit and hence in the said circumstances the Appellants/Petitioners had filed the present writ petition questioning the said impugned proceedings.
5. The learned single Judge should have appreciated that when the proceedings are nonest and totally without jurisdiction they are liable to be quashed at the instance of the aggrieved parties i.e., the Appellants who are the absolute owners of the said property. At any rate the learned single Judge had not appreciated of the said property. At any rate the learned single Judge had not appreciated the difference provisions of the ……………. Wakf Act properly in this regard.
6. And all other grounds which will be urged at the time of making the final submissions.
A fixed Court fee of Rs…………… is paid herewith.
Place :………….
Date :…………..
Advocate for Appellants.