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1999 Supreme(AP) 1109

V.ESWARAIAH, P.VENKATRAMA REDDY
P. Rama Rao – Appellant
Versus
High Court A. P. , rep. by Registrar (Vigilance) – Respondent


P. VENKATARAMA REDDI, J.

( 1 ) THE petitioners herein are the defendants in suit O. S. No. 4767 of 1996 filed by the 3rd respondent in the City Civil court. The 3rd respondent - plaintiff is said to be the Mutawalli of a Wakf governed by the Wakf Act, 1995. The suit was filed for ejectment and recovery of mesne profits. The suit which was filed on 6-11-1996 long after the Wakf Act, 1995 came into force is pending in the Court in XIX Junior Civil judge, City Civil Court. The trial had commenced and P. W. 1 was examined. At that stage, the writ petitioners raised an objection that the suit cannot be continued in the Civil Court inasmuch as the Civil court has no jurisdiction to deal with the matter falling within the purview of Wakf tribunal constituted under the said Act. This contention was not accepted by the learned trial Judge, basing on the circular of the High Court in Roc. No. 2960/e1/98, dt. 13-7-1999. Paras 2 and 3 of the Circular read as follows:"the suits or other proceedings involving determination of dispute or question relating to Wakf or Wakf property or other matters falling within the purview of the Wakf tribunal cannot be entertained by the Civil Courts, when once








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