MASTE ALAM Vs. ANAWARULLAS AND ANUWRUL HAQUE

JUDGEMENT

(1.) Heard learned counsel for the parties

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 18/8/2017 passed by learned District Judge, Gopalganj in Misc. Case No. 144 of 2017 arising out of Title Suit No. 115 of 2001 by which the suit has been transferred to Bihar Wakf Tribunal, Patna.

(3.) The brief facts of this case are that father of petitioners filed the Title Suit No.115 of 2001 seeking declaration that compromise dtd. 20/11/1998 entered into between the parties under Sec. 145 of Cr.P.C pending before the Court of Sub- Divisional Magistrate, Gopalganj is a forged and fabricated document and the same is not binding upon the plaintiffs. The trial of the suit proceeded. The objection petition dtd. 6/8/2016 has been filed before the trial Court for transfer of the suit in question to the Wakf Tribunal on the ground that property in question is Wakf property on which the learned trial Court ordered for adding State of Bihar through Sunni Wakf Board as party defendant No. 3 and fixed the date for argument on the said petition. Respondents before the final order on petition dtd. 6/8/2016 filed Misc. Case No. 144 of 17 before the learned District Judge, Gopalganj on 2/6/2017 praying for transfer of the suit to the Wakf Tribunal and vide the impugned order learned District Judge, Gopalganj ordered for transfer the instant suit to the learned Tribunal, Patna vide the impugned order dtd. 18/8/2017.