NIL KAMAL GHOSH Vs. ANSAR ALI KAZI

JUDGEMENT

(1.) The revisional application under Art. 227 of the Constitution of India is at the instance of the defendant nos.1 and 2 in a suit for declaration and is directed against the order no.148 dated May 03, 2016 passed by the learned Civil Judge,

(2.) The learned Trial Judge by the order impugned has allowed the application of the plaintiff to withdraw the suit, with liberty to file afresh with payment of costs of Rs. 5,000.00 to the defendants.

(3.) The learned advocate appearing on behalf of the petitioner submits that the suit is pending since 1980 and when it was reached at the verge of disposal the plaintiffs/ opposite parties filed the application for with-drawl of the said suit with a prayer for liberty to file the said suit afresh before the Waqf Tribunal. He further submits that the suit since was pending as on the date when the Waqf Act, 1995 came into force by virtue of Sub2 Section(5) of Sec. 7 of the said Act the Tribunal has no jurisdiction over the said suit. He, therefore, submits that the learned Trial Judge should not have granted the plaintiffs/ opposite parties liberty to file the said suit afresh before the Tribunal. The said learned advocate to strengthen his argument places reliance on the decision of the Apex Court in the case of Board of Wakf, West Bengal and Anr. Vs. Anis Fatma Begum and Anr., reported in (2010) 14 Supreme Court Cases 588.