1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.139/2005. (The Mah.Wakf Board Aurangabad Vs. Pandurang Patil and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SM Godsay, Adv. For petitioner; Mr.AG Dalal, Adv. h/for Mr. VD Salunke, Adv. For Resp.Nos. 1 and 2. Respondent No.3 served. *** CORAM : K.U.CHANDIWAL ,J. DATE : 24 th November, 2010. ... 1) Heard. None for respondent no.3 though served. 2) In WP No.2351/1989, (the respondents herein) Pandurang and Rajabhau, (petitioners in WP) prayed for following relief - “(B)To set aside the entries at Serial No.24 in respect of grave yard admeasuring 4 acres (Exhibit-A) by issuing appropriate writ or direction.” 3) The controversy in the civil court relates to the very property for which there was a declaration referred above. 2 The grievance of the petitioner herein is, the respondent has encroached over four acres of landed property owned by the petitioner – Wakf Board and consequently, the civil proceedings initiated are barred in terms of Section 85 of the Wakf Act. 4) Without adverting to merits of the contentions raised by the plaintiff, in the light of the prayers in the writ petition referred to above, it is explicit, the plaintiff (respondent in the present proceeding) did challenge the status of the property to be Wakf property. 5) In this scenario of the matter, civil court lacks jurisdiction to entertain application (Exhibit-24), which ought to have been considered in its letter and spirit. However, considering the above situation, the application is allowed. The plaint is directed to be returned to the plaintiff to be presented before appropriate forum. Since such appropriate forum would Wakf tribunal, the plaintiff (respondent in this CRA) would issue notice to petitioner as to presentation of such plaint before the Wakf Tribunal. 6) With these directions, the order under challenge dated 6.5.2005, being violating the provisions of the Wakf 3 Act, calls for interference, is set aside. 7) CRA is allowed to the above extent. No costs. (K.U.CHANDIWAL) JUDGE bdv/