THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No.5563 of 2011 DATED: 25.11.2011 Between: Pilli Krishna and another …Petitioners And Masjid & Graveyard of Takya Moghal Fakhir and 13 others …Respondents HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No.5563 of 2011 O R D E R : This revision petition is filed under Section 83(9) of Wakf Act, 1995 (for short ‘the Act’) aggrieved by the ex parte decree dated 22.01.2008 passed by the A.P. Wakf Tribunal, Hyderabad in O.S.No.68 of 2007. O.S.No.68 of 2007 is filed by respondents 1 and 2 herein against the respondents 3 to 14 for perpetual injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the 1st plaintiff in respect of the suit schedule property. It was claimed that the suit schedule land is notified wakf land and that the defendants who have no right, title or claim over the suit land were causing unlawful interference and were trying to occupy the suit land. The defendants remained ex parte and accordingly, by judgment dated 22.01.2008 the suit was decreed as prayed for. The revision petitioners who were not made parties to the said suit filed the present Revision Petition contending that the said ex parte judgment and decree dated 22.01.2008 passed by the Tribunal below is a collusive decree and cannot be sustained. The petitioners herein claim to be the joint owners, possessors and pattadars of the land admeasuring Acs.38.31 guntas situated in Sy.Nos.103/1, 103/2 and 11 of Mylardevpalli Village, Ranjendranagar Mandal, R.R. District. It is stated that Occupancy Rights Certificates were issued in their favour by the Revenue Divisional Officer, Hyderabad Western Division vide proceedings dated 01.07.1977 under the provisions of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. It is further stated that when the 2nd respondent herein attempted to interfere with the possession of the petitioners in respect of the said properties, they filed O.S.No.26 of 1967 in the Court of the Munsif Magistrate, West and South, R.R. District and the same was decreed on 30.09.1974. Though the appeal preferred by the 2nd respondent herein against the said judgment and decree was allowed, the Second Appeal preferred by the petitioners herein was allowed on 01.12.1977, thus confirming the judgment and decree granted in O.S.No.26 of 1967. Subsequently, the revision petitioners filed W.P.No.21232 of 2009 aggrieved by the proceedings initiated by the Deputy Inspector of Survey and Land Records, R.R. District for demarcation of land in Sy.Nos.11, 103/1 and 2 at the instance of the 2nd respondent. The said writ petition is pending before this Court and by virtue of the interim order, the survey as proposed by the Deputy Inspector of Survey and Land Records was stopped. It is alleged that suppressing the aforesaid facts and without making petitioners herein parties, the respondents 1 and 2 herein filed O.S.No.68 of 2007 and obtained an ex parte decree. Contending that the decree in O.S.No.68 of 2007 is a collusive decree, the present revision petition is filed under Section 83(9) of the Act with a prayer to set aside the ex parte judgment and decree in O.S.No.68 of 2007 passed by the A.P. Wakf Tribunal. I have heard the learned counsel for the petitioners as well as the learned counsel appearing for the respondents 1 and 2. As noticed above, the revision petitioners are claiming title and possession in respect of the property, which is the subject matter of O.S.No.68 of 2007. The specific case of the respondents 1 and 2 herein/plaintiffs is that it is a notified wakf land. Apparently, the matter involves various disputed questions of fact and the rival claims require adjudication on appreciation of the evidence produced by the parties in support of their respective claims. Therefore, even assuming that the petitioners herein are aggrieved, they ought to have approached the Tribunal below for setting aside the ex parte decree. Accordingly, without going into the merits of the case, the Civil Revision Petition is disposed of granting liberty to the revision petitioners to move an appropriate application before the A.P. Wakf Tribunal, Hyderabad for setting aside the ex parte judgment and decree dated 22.01.2008 in O.S.NO.68 of 2007. If any such application is moved, the same shall be considered and disposed of by the Tribunal below in accordance with law. No costs. ______________ G. ROHINI, J Date: 25.11.2011 KLP