BALKRUSHNA S/O.SURYABHAN Vs. SYED SHAUKAT MEHBOOB

JUDGEMENT

(1.) BY these civil revision applications, the applicants in revision applications other than Civil Rev.Appl.76/2006, have challenged the order passed on 21/08/2006, by the learned Lower Court, i.e. Wakf Tribunal, Aurangabad, by which the application moved in Suit.No.68/2004, 70/2004, 69/2004, 67/2004 and 72/2004, raising the objection as regards to the jurisdiction of the Wakf Tribunal to decide these suits were raised. While the applicants in Civil Revision Application no.76/2006 have challenged the issue of jurisdiction of the Wakf Tribunal, the point was also raised about the valuation of the suit for jurisdiction and court fee purpose, as the suit to be properly valued and if not, order to be passed under Order 7 Rule 11 of CPC, about payment of deficit court fees within the stipulated period and on failure, the plaint to be rejected.

(2.) CIVIL Revision Application No.74/2006, 75/2006, and 76/2006 were admitted vide order dated 09/01/2007, while Civil Revision Application No.213/2007, 214/2007, and 215/2007 were admitted on 21/01/2008. In all these civil revision applications, the question was raised while challenging the impugned order which were passed in each of the suit pending before the Wakf Tribunal vide order dated 21/08/2006 that without framing the specific issue about the jurisdiction of Wakf Tribunal, the impugned orders were passed in all these 6 suits, hence these six civil revision applications were filed, but as the common question of Law is involved in all these civil revision applications, they require to be disposed of by way of common judgment.

(3.) IT is not under dispute that all these 6 suits were filed by the respondents to these civil revision applications for declaration that the property, subject matter of each of the suit, is to be declared as the property of Wakf. It is also to be declared that the transactions entered into or done by these respective applicants, who were defendants in those suits to be declared as null and void. After appearance was filed in all these six suits by these applicants, who are the defendants in those suits before the Wakf Tribunal, wherein an application for interim order was moved. Objection applications were moved in each of the suit by these applicants challenging the jurisdiction of the Wakf Tribunal as the stand is taken by these applicants/defendants before the Wakf Tribunal that the properties are not Wakf properties and hence the Wakf Tribunal have no jurisdiction to try and entertain these suits. As stated earlier, it appears that vide different orders dated 21/08/2006, all these applications were rejected.