IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUIR. ORDER S.B. CIVIL MISC. APPEAL NO.723/2001 12.5.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri M.M. Ranjan, for the appellant. Shri S.S. Ali } Shri S. Ansari} for the respondent. The matter comes up on the application No.8900 dated 26.3.2008 filed by the respondent for early listing of the appeal for admission. The said application is allowed. With the consent of the learned counsel for the parties the matter has been taken up for admission today itself. Learned counsel for the parties frankly submitted that in view of the decision of the Hon'ble Supreme Court in the case of Sardar Khan Versus Syed Najmul Hassan & Ors. decided on 28.2.2007. The judgment of the learned trial court dated 28.4.2001 directing to return of the plaint for being presented before the learned Tribunal deserves to be set aside as pending the proceedings prior coming in force of the Wakf Act 1995 are required to be decided by the court itself. In view of the above decision the appeal is allowed. The case is now remanded to the learned trial court to proceed in accordance with law. The parties are directed to appear the learned trial court on 14.7.2008. Since the suit has been filed in the year 1994. The learned trial court will take steps to expedite hearing of the case. The appeal and stay application are also disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS