HARYANA WAKF BOARD Vs. PARKASHO DEVI AND ANOTHER

JUDGEMENT

(1.) Instant revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 21.12.2012 passed by the learned Additional Civil Judge (Senior Division), Naraingarh whereby application moved by the petitioner -defendant under Order 7 Rules 10 and 11 read with Section 151 of the Code of Civil Procedure (in short "the CPC") for rejection of plaint or return of plaint on the ground of bar of jurisdiction of civil court, has been dismissed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are that the respondents -plaintiffs filed suit claiming themselves to be in possession of the suit land on the basis of entries in the revenue records and claimed the relief of permanent injunction restraining the petitioner -defendant from interfering in their peaceful possession in the plot measuring 485 square yards in khasra No. 10/1 and further restraining the petitioner -defendant from creating any fresh lease or mortgage for the purpose of dispossessing the respondents or for the purpose of defeating their valuable rights in the plot. Upon notice, the petitioner through counsel put in appearance and moved the application under Order 7 Rules 10 and 11 read with Section 151 of the CPC for return of plaint or rejection of plaint on the ground of lack of jurisdiction of the Civil Court. In the application, the stand has been taken that the jurisdiction of the civil court is barred under Section 85 of the Waqf Act, 1995 (in short "the Act"). The said application of the petitioner has been dismissed by the learned trial Court vide impugned order dated 21.12.2012. Hence, the present revision.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) I have considered the contentions of learned counsel for the petitioner and gone through the judgments cited by the learned counsel for the petitioner.