CHIRAGUDDIN KHAN Vs. RAJASTHAN BOARD OF MUSLIM WAKF

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dtd. 16/5/2006 passed by the Additional District Judge No. 6, Jaipur City, Jaipur (for short 'the Appellate Court') in Civil Misc. Appeal No. 55/2004 whereby the Appellate Court dismissed the appeal and confirmed the order dtd. 11/9/2001 passed by the Additional Civil Judge (JD) No. 1, Jaipur City, Jaipur (for short 'the trial Court') in Civil Suit No. 632/70 whereby the trial Court returned the plaint under Order 7, Rule 10 CPC for its presentation in the Rajasthan Wakf Tribunal.

(2.) Learned counsel for the petitioners submits that the petitioners had filed the suit for permanent injunction in the Court of Munsif in which plaintiff had adduced their evidence and matter was posted for the defendants' evidence at that time. Learned counsel for the petitioners further submits that respondent No. 1 had filed an application under Order 7, Rule 10 CPC. Learned counsel for the petitioners further submits that trial Court vide order dtd. 11/9/2001 allowed the application filed by the respondent No. 1 and returned the plaint of the plaintiffs for its presentation in the Rajasthan Wakf Tribunal. Learned counsel for the petitioners further submits that the petitioners had filed an appeal against the said order and the Appellate Court also dismissed the appeal filed by the petitioners vide order dtd. 16/5/2006.

(3.) Learned counsel for the petitioners submits that trial Court as well as Appellate Court had committed an error in allowing the application filed by respondent No. 1 under Order 7, Rule 10 CPC and sec. 85 of the Wakf Act, 1995. Learned counsel for the petitioners further submits that petitioners had filed the civil suit prior to commencement of the Wakf Act, 1995 and as per the Sec. 7(5) of the Wakf Act, Civil Court is competent to adjudicate the matter. So, the order of the trial Court as well as appellate Court be set aside.