1 cra15.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 15 OF 2007 Gumanchand s/o Kanhyalal MUtha, Age: 56 years, Occ: Business, R/o. Gawali Galli, Parbhani, District Parbhani. ...APPLICANT VERSUS Janta Vyapari Society, Old Mondha, Parbhani, through its Chairman Kadeer Ahmed Khan s/o Mohd. Munwar Khan, Age: 60 years, Occ: Business, R/o. Asman Ganj, Parbhani & Ors. ...RESPONDENTS ... Mr. P.V. Mandlik, Sr. Advocate holding for Mr. P.N. Sonpethkar, Advocate for applicant. Mr. S.S. Kazi, Advocate for respondent No.2. ... CORAM: S.S. SHINDE, J. DATE : 23RD JUNE, 2011 PER COURT : Heard learned Senior Counsel for the applicant and learned Counsel for respondent No.2. 2. Perused the grounds taken in Civil Revision Application and the impugned order dated 2 cra15.07 25-01-2007 passed by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad below Exhibit-14 in Suit No.229 of 2006. 3. Learned Senior Counsel for the applicant submits that without framing preliminary issue about jurisdiction of the Tribunal to decide the said suit, the Tribunal has proceeded and rejected the application of the applicant for framing preliminary issue about the jurisdiction of the Tribunal for entertaining the suit. According to learned Senior Counsel for the applicant, it was incumbent upon the Tribunal to frame the preliminary issue about the jurisdiction of the Tribunal in respect of the suit property. According to the Senior Counsel, property is a private property. According to the plaintiff, suit property is a wakf property. 4. Admittedly, the Tribunal has not framed the preliminary issue about jurisdiction of the Tribunal to decide the said suit. It was possible 3 cra15.07 for the Tribunal to record some evidence after framing preliminary issue and after recording evidence and after hearing the parties to decide the point of jurisdiction and then only to proceed in the suit. 5. Therefore, in my opinion, the impugned order cannot be sustained. Same is quashed and set aside. The Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad to frame preliminary issue about the jurisdiction of the Tribunal to entertain the suit and after the said issue is adjudicated and decided then further to proceed with the hearing of the suit. 6. Since the matter is pending for considerable period, the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad to see that preliminary issue is framed and decided within two months from the first date of hearing i.e. from 12-07-2011. 4 cra15.07 . Parties to appear before the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad on 12-07-2011 at 11-00 a.m. 7. Civil Revision Application is allowed to the above extent and stands disposed of. . Record and Proceedings be sent back to the concerned Court, forthwith. [S.S. SHINDE, J.] sut/JUN11