HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO C.R.P.No. 1392 of 2007 Date: 18-11-2010 Between A.p. State Wakf Board ………… Petitioner And Abida Zafar Ali and another …… Respondents HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO C.R.P.No. 1392 of 2007 ORDER: The petitioner-defendant No.2, which is a Wakf Board, filed this Revision Petition, under Article 227 of the Constitution of India, inter alia seeking to assail the order, dated 23-01-2007 passed in I.A.No.1457 of 2006 in O.S.No.1446 of 2000 on the file of the Ist Senior Civil Judge, City Civil Courts, Hyderabad, whereunder the Court below dismissed the Application filed under Order 14 Rule 2 of C.P.C. seeking to decide the jurisdiction of the Court as a preliminary issue. Heard both sides. The learned counsel appearing for the petitioner is trying to press into service regarding the issue of jurisdiction under Section 83 of the Wakf Act, and further submitted that it is the Tribunal, which has got exclusive jurisdiction to try the matter, and therefore, the suit has to be dismissed. The learned counsel appearing for the respondents placed reliance on RAMESH GOBINDRAM v. SUGRA HUMAYUN MIRZA WAKF [1], whereunder certain principles have been laid down regarding the jurisdiction for the Wakf Tribunal to entertain civil suit. Having heard the learned counsel on either side and also on perusal of the material, it is quite apparent that since the order under challenge in this revision is only pertaining to an application asking the issue of jurisdiction to be taken up as preliminary issue, I am refrained from going into the same. Since the issue pertains to jurisdiction, necessarily, even as per the basic principles established under Order 14 Rule 2 of C.P.C., the same has to be taken up as a preliminary issue rather than waiting for final disposal on merits after the entire trial is over. In view of the above circumstances, the Civil Revision Petition is allowed and the order, dated 23-01-2007 passed in I.A.No.1457 of 2007 is set aside. Consequently, I.A.No.1457 of 2006 is allowed. The lower Court is directed to take up the issue of jurisdiction as preliminary issue and decide the same expeditiously. In the event the Court comes to the conclusion that it has no jurisdiction, it shall return the plaint for presentation before appropriate Court rather ran dismissing the suit. No order as to costs. ____________________ B. PRAKASH RAO, HACJ Date: 18-11-2010 YCR/IVD [1] (2010) 8 SCC 726