SAFIUDDIN INSAF Vs. M.P. WAKF BOARD

JUDGEMENT

(1.) THE order passed in this revision shall also govern the disposal of connected Civil Revision No. 421/2008 (Davate Hadiya Dr. Saidna Mohammad Burhanuddin Vs. Saifuddin Insaf and Others) filed on behalf of respondent no.2 of this revision application since both the appeals have arisen out of a common order passed by learned M.P. Wakf Tribunal, Bhopal (hereinafter referred to as the Tribunal) in Case No. 13/2008.

(2.) SANS unnecessary details the facts lie in a narrow compass for the decision of this revision. Suffice it to say that an application under Section 83 of the Wakf Act, 1995 (for short, the Wakf Adhiniyam) has been filed by the plaintiffs-applicants seeking the reliefs mentioned in the plaint. During the pendency of the application, four applications were filed before the Tribunal and all these applications have been decided by the learned Tribunal by passing the impugned order dated 4.8.2008. Indeed, I.A. Nos. 1 and 4 have been filed on behalf of Wakf Board (respondent no.1) and I.A. Nos. 2 and 3 have been filed by defendant no.2-respondent no.2 in this revision and applicant in connected civil revision.

(3.) BY placing reliance upon the said decision Mathura Prasad (supra), I am of the view that on this short ground, the impugned order cannot be sustained and it is hereby set aside. However, parties shall be free to file copy of the plaint and other documents of the earlier suit which was permitted to be withdrawn with liberty to file afresh. Let copy of the plaint and other documents be filed before the Tribunal on the next date of hearing. The parties are hereby directed to appear before the Tribunal on 6th March, 2013. Registry is hereby directed to send the record posthaste to the learned Tribunal so as to reach that Court much earlier to the date fixed.