HONOURABLE SMT. JUSTICE T.MEENAKUMARI C.R.P No:2871 OF 2010 Dated: 9.7.2010 Between: K.S.S. Arifulla Mohammad Mohammudul Hussaine Chistiul Khadri ..Petitioner And K.S.S. Yadulla Hussaine and another .. Respondents. This Court made the following HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:2871 OF 2010 ORDER: This revision is directed against the docket order dated 7.6.2010 passed in O.S.No.135 of 2006 by the A.P. Wakf Tribunal, Hyderabad. 1st respondent herein is the plaintiff before the Tribunal. Revision Petitioner is the 1st defendant. The plaintiff filed the suit for the relief of perpetual injunction in favour of the plaintiff and against the 1st defendant and his men from interfering in whatsoever with the annual Sandal and Urse celebrations held every year as per Islamic calendar at the tomb of K.S.S. Maqdoom Hussainee situated within the premises of Hazarath Khaja Peerulla, Mohammad Mohammadullah, Hussaini-Chisti Naib, Rasool, Khutbe Zaman Asthan-E-Maqboom Elahi, situated at Ameenpur Road, Kadapah, Kadapah District, which is registered and notified Wakf in A.P. Gazette No.13, dated 26.3.1964. On 2.12.2008, the Tribunal appointed Kum. Shobana, Advocate as Commissioner to record cross-examination of P.W.1. On 7.6.2010, the Tribunal passed the following order: “Commissioner absent. No representation. Since long time warrant is pending with her. Therefore, her appointment as Commissioner is revoked. Sri Azar Ansar Ahmed, is appointed as Court Commissioner to record cross-examination of P.W.1, after due notice to both sides. His fee is fixed at Rs.400/- directly payable by the plaintiff. For report call on 23.6.2010.” Challenging the above order, the 1st defendant filed the present revision petition. Heard the learned Counsel and perused the material on record. The plaintiff in the present suit also filed another suit in O.S.No.126 of 2005 seeking to declare him as Muthawalli of the suit schedule property. The present suit viz., O.S.No.135 of 2006 is filed for injunction. The main grievance of the revision petitioner is that in both the suits, the properties and the parties are common and therefore, he filed an application in O.S.No.126 of 2005 seeking stay of the present suit viz., O.S.No.135 of 2006. But the Tribunal, without deciding the said application, is proceeding with the trial of the present suit viz., O.S.No.135 of 2006 and therefore, the order impugned is liable to be set aside. The order under revision has been passed appointing the commissioner for recording cross-examination of P.W.1. Though the property involved in both the suits is common, since the appointment of Commissioner is only for cross examination of P.W.1, I feel that it would not cause any prejudice to either of the parties and apart from that, mere appointment of Commissioner for examination of P.W.1, cannot be treated as an adjudication of the entire issue in O.S.No.135 of 2006. Therefore, I feel that the order of the Court below does not require any interference by this Court. Accordingly, this Civil Revision Petition is dismissed. No order as to costs. ________________________ Justice T. Meena Kumari Date: 9th July, 2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:2871 OF 2010 09.07.2010