MYSORE LANCERS MOSQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition to the impugned orders made by the plaintiff in a suit for injunction in O.S. No. 8520/2000 is structured on the ground that by virtue of Sec. 85 of the Wakf Act, 1995, the civil court has no jurisdiction to try his suit.

(2.) After service of notice, the respondent Nos. 1 to 4 having entered appearance through their Senior Standing Counsel, resist the Writ Petition contending that the earlier decision of the court below made on 24/6/2010 has already answered the jurisdictional issue and consistent with that, the order dtd. 26/3/2019 has now been rendered; the Apex Court in Y.B. Patil v. Y.L. Patil, (1976) 4 SCC 66 : AIR 1977 SC 392 has held that the finding recorded at the successive stages of the same proceeding would operate as res judicata both on facts and law and therefore, Writ Petition be dismissed.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court declines to grant indulgence in the matter inasmuch the finding as to the issue relating to jurisdiction vide order dtd. 24/6/2010 operates as res judicata and the challenge to it now is time barred; the subsequent order now made is nothing but a reiteration of the earlier; however challenge to the same can be in appeal if & when petitioner suffers an adverse judgment & decree, as provided u/s 103 r/w Order XLIII Rule 1A of CPC, 1908.