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1998 Supreme(AP) 853

S.V.MARUTHI
CHOWK MOSQUE, NANDYAL – Appellant
Versus
P. V. H. MAQBUL BASHA – Respondent


S. V. MARUTHI, J.

( 1 ) THE Civil Revision Petition is filed against the order in I. A. No. 985 of 1997 in O. S. No. 469 of 1997 passed by the Principal District Munsif, Nandyal. The plaintiff is the petitioner.

( 2 ) THE plaintiff filed a suit for permanent injunction restraining thedefendants from interfering with the construction of shops in the mosque premises. Pending disposal of the suit, the petitioner filed I. A. No. 985 of 1997 for temporary injunction. The defendants filed a counter-affidavit opposing the petition for temporary injunction on the following grounds: (1) That the Civil Judge has no jurisdiction as the matter relates to Wakf property, and (2) That the prayer-hall gets reduced if shops are allowed to be constructed in the mosque premises.

( 3 ) THE learned District Munsif, Nandyal held that in view of Section 83 of the Wakf Act, 1995 (for short the Act ), the Civil Courts have no jurisdiction to entertain the matters relating to wakf property. Aggrieved by the same, the present CRP is filed under Article 227 of the Constitution of India.

( 4 ) THE question to be considered in mis Revision Petition is whether the civil Courts have no jurisdiction to entertain t



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