1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD (20) C.R.A. No.18/2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Shri S.S. Sayyad h/f Shri S.S. Kazi, Advocate for applicants. Shri Abdul Aziz, Advocate for respondent sole ........ CORAM : K.U. CHANDIWAL, J Date : 05th March, 2010. 1 Heard Mr. Sayyed for revision applicant and Mr. Aziz for sole respondent. 2 Rule. 3 The matter is finally heard. The respondent filed R.C.S. No. 162/2009 before learned Civil Judge (Senior Division), Majalgon seeking perpetual injunction and vide Ex. 5 sought temporary injunction. The defendant (revision applicant) moved the learned judge with application Ex. 35-A that the said court will not have jurisdiction to entertain the proceeding as the jurisdiction vests exclusively to the Wakf Tribunal established under Section 83 of the 2 Wakf Act, 1995. The learned Civil Judge (J.D.), at Majalgaon by order dated 10/12/2009, did not agree to the contention of the defendant and consequently said order is assailed by defendant (revision applicant). 4 The observations of the learned judge that the citation to which reference was given, as reflected in para 3 of the finding indeed are incorrect. The counsel for revision applicant has tendered before this court and also it was tendered before learned judge, Maharashtra State Gazette dated 14/02/1974 in respect of District Beed and village Patrud. There is notification of Wakf of Dargah Hajrat Khaja Mohamed Siddiqui Ansari. In the details of immovable properties, there is reference of survey Nos. 241, 242 of Patrud to be the Wakf property. In the light of this scenario, since Wakf Act, 1995 takes care to adjudicate all such eventualities in its wisdom provided in terms of the powers vested in the said Tribunal, the jurisdiction seldom would have lyed before learned Civil Judge (J.D.) to entertain the matter. The observations of the learned judge needs interference. The order 3 under challenge, is set aside. 5 The plaint in R.C.S. No. 162/2009 on the file of learned Jt. Civil Judge (J.D.), Majalgaon is directed to be returned U/o VII Rule 10 of the Code of Civil Procedure. The learned judge is therefore, required to make necessary endorsement in the admission register and where ever it is so warranted. The plaintiff is also permitted to carry all necessary amendments to indicate designation of the Tribunal in the said proceeding. The learned Civil Judge (J.D.), Majgalgaon, to send the papers of R.C.S. No.162/2009 with all annexures / enclosures to the learned Maharashtra Wakf Tribunal situated at Collectorate, Aurangabad within four weeks. The parties shall appear before learned Wakf Tribunal at Aurangabad on 9th April, 2010. Civil Revision Application allowed in above terms. Rule made absolute. (K.U. CHANDIWAL, J) tsk/cra18.10