SYED ABDULLA Vs. RAJESHWAR MADHAVRAO DESHPANDE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The issue raised in this petition by the petitioner, original defendant in Regular Civil Suit No.34/2016, is as to whether, the Civil Court would have jurisdiction to deal with a suit purely filed for injunction in connection with the wakf property.

(3.) The grievance of the petitioner is that he had raised an objection in R.C.S. No.34/2016 that the suit is not maintainable since the suit property is admittedly wakf property. Based on such objection below exhibit 17, the Trial Court framed a preliminary issue regarding jurisdiction vide order dated 18.04.2017 and adjudicated the preliminary issue under Order XIV of the Code of Civil Procedure. Though the suit property is the wakf property, the Trial Court has delivered the impugned order dated 11.06.2018 holding that the suit is maintainable and the Trial Court has jurisdiction to decide the said suit.