SAYED ALI NIZAMUDDIN HUSSAINI Vs. MOHD HASHIM

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 18.1.2010 in IA No.571 of 2009 in OS No.4528 of 2009 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad wherein the said application filed by the petitioner herein, who is the first defendant in the suit, under Order VII Rule 11(d) CPC seeking rejection of the plaint, was dismissed.

(2.) HEARD the learned Counsel for the petitioner and the learned Counsel for the respondent and perused the record.

(3.) SECTION 85 of the A.P. Wakf Act which contains bar of the jurisdiction of the civil Court states that no suit or other legal proceedings shall lie in any civil Court in respect of any dispute, question or other matter relating to Wakf property or other matter which is required by or under this Act to be determined by the Tribunal. In the present case, the suit property was held to be a Wakf property in the earlier litigation in OS No.2 of 2002 on the file of the Wakf Tribunal. The dispute in the present suit is in respect of the alleged high-handed demolition of a portion of the suit property which is previously held to be a Wakf property, by the petitioner-defendant. SECTION 85 of the Wakf Act categorically bars the jurisdiction of the civil Court by containing a provision to the effect that no suit or other proceedings shall lie in any civil Court in respect of any dispute, question or other matter relating to any Wakf or Wakf property.