Heard learned counsel for the petitioners. Suit for injunction filed by the plaintiffs opposite parties was contested by the defendantspetitioners on the ground that the suit property is a Waqf property and are registered as Waqf No. 1743, Varanasi and the civil court has no jurisdiction to try the suit as the suit is barred by Section 85 of the Waqf Act, 1995. During the pendency of the proceedings, an application was filed by the plaintiffsopposite parties for issuing notice to the Sunni Central Waqf Board, which was rejected by the trial court on the ground that the issue framed with respect to the jurisdiction of the civil court is to be decided first.
It is contended by learned counsel for the petitioner that without considering the fact that the suit is barred in view of Section 85 of the Waqf Act and the issue is to be decided as a preliminary issue, the revisional court wrongly and illegally allowed the revision and directed notices to be issued to the Sunni Central Waqf Board, which would unnecessarily delay the disposal of the proceedings. Primafacie there appears to be force in the submission and the matter needs scrutiny.
Issue notice to the opposite parties.
Steps be taken by registered post within ten days. Office shall issue notices returnable at an early date. List for admission immediately after service of notice on the respondents.
Until further orders of this Court, effect and operation of the impugned order dated 20.10.2009 passed by the Additional District Judge, Court No. 13, Varanasi shall remain stayed. Order Date :- 6.1.2010 nd