cra165.04 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 165 OF 2004 Syed Shah Noorul Haque Quadri ((Sajjada Nashin & Mutawalli) age 60 years, occ. advocate r/o Near Afzal Gunj Masjid Area Hyderabad (State of Andhra Pradesh) .. APPLICANT VERSUS Azizuddin @ Garib Mohiuddin (Died) through LRs Riyazshah Khan s/o Azamshah Khan age 37 years, occ. service r/o Galli no. 5, Kaisar colony Jinsiroad, Aurangabad. .. RESPONDENT Mr. Gulam Dastagar Shaikh, advocate for the applicant. ===== CORAM : R.M. BORDE, J. DATE : 15 th APRIL, 2011. ORAL JUDGMENT : 1 Petitioner herein / original defendant is raising exception to the order passed by the 12 th Jt. Civil Judge, Jr.Dn., Aurangabad on 31-12-2003 below exh. 44 in Regular Civil Suit no. 91/2001. cra165.04 2 2 Defendant raised objection as regards entertainability of the suit on the ground of want of jurisdiction of the civil court. It is contended by the defendant that in view of provisions of section 83 r/w section 6 and 27 of the Wakf Act, 1995, the Wakf tribunal shall have jurisdiction to entertain the dispute and the civil court cannot take cognizance of the suit. The application tendered by the defendant has been turned down by the trial court. 3 It is informed by the parties that recording of evidence of the plaintiff before the trial court is over and the defendant has examined himself and one more witness. Thus, the proceeding before the civil court is at advanced stage and the only stages of hearing of arguments and recording of judgment are yet to reach. Considering the progress of the suit before the trial court, it is desirable that the trial court shall be directed to decide the suit expeditiously in accordance with provisions of law. So far as the objection raised by defendant in this civil revision application is concerned, it would be open for the trial court to deal with the objection at the time of final disposal of the suit. Determination of question by the court at an interlocutory stage in view of order passed on 31-12-2003 would not be an cra165.04 3 impediment in re-considering the issue. Civil revision application stands disposed of. Rule discharged. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb