CR No.4476/2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.4476/2008 Date of decision: 06.09.2011. Shyam Singh ....................Petitioner v. Munshi Ram and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Jaswant Jain,Advocate for the petitioner. Mr.PR Yadav,Advocate for respondent no.1 Mr.Sandeep Punchhi,Advocate for respondents 2 to 4. Jaswant Singh.J.(Oral) Petitioner-Shyam Singh has filed the present revision petition under Article 227 of the Constitution assailing the order dated 5.8.2008 passed by the learned Additional District Judge, Rewari, exercising the jurisdiction of Wakf Tribunal whereby his suit for injunction has been dismissed. This court while issuing notice of motion vide order dated 25.8.2008 passed the following order:- “Notice of motion for 23.10.2008. In the meantime, status quo regarding possession as obtaining CR No.4476/2008 2 today be maintained.” At the time of hearing, learned counsel for the petitioner/ plaintiff and respondents 2 to 4 are ad idem that the learned Wakf Tribunal, in view of judgement of Hon'ble the Supreme Court in Board of Wakf, West Bengal v. Anis Fatma Begum and another (Civil Appeal No.5297 of 2004, decided on 23.11.2010), did not have the jurisdiction to decide the dispute between the parties. They further agree that the present revision petition be disposed of as infructuous by permitting the petitioner/plaintiff to present his plaint before the court of competent jurisdiction alongwith an application under Order 39 Rules 1 and 2 CPC. Further, they very fairly concede that till any order is passed on the application under Order 39 Rules 1 and 2 CPC, the respondent-Wakf Board shall not interfere in the possession of the plaintiff. In view of the aforesaid joint statement of the counsel for the parties, the impugned order dated 5.8.2008 is set aside and the learned Wakf Tribunal is directed to return the plaint to the plaintiff/petitioner for its presentation before a court of competent jurisdiction on or before 20.10.2011. It is clarified that it shall be the duty of the petitioner/plaintiff to get the plaint released and present the same within the stipulated time with intimation to the Estate Officer, Punjab Wakf Board, Rewari. It is further directed that after the presentation of the plaint alongwith an application under Order 39 Rules 1 and 2 CPC, the application for temporary injunction shall be decided in accordance CR No.4476/2008 3 with law within four weeks. It is further directed that till any order including interim is passed by the court of competent jurisdiction on the application under Order 39 Rules 1 and 2 CPC, status quo existing as on today shall continue. Petition stands disposed of in the above terms. Registry is directed to communicate this order to the Wakf Tribunal. 06.09.2011 (Jaswant Singh) joshi Judge