(Per the Hon’ble Sri Justice G. Chandraiah)

1. Heard the counsel appearing for both the parties.

2. This matter came up for reference before this Full Bench, as one of us (PSN, J) entertained a doubt in view of the two decisions of co-ordinate Division Benches of this court in P.RAMA RAO v. HIGH COURT OF A.P. (2000(1) ALT 210) and M.BIKSHAPATHI v. GOVERNMENT OF ANDHRA PRADESH AND OTHERS (1999(6) ALD 270), with regard to jurisdiction of civil courts vis-à-vis Wakf Tribunal to entertain and decide the disputes relating to wakf and wakf property and other matters, which were filed in civil court after Wakf Act, 1995 (for short ‘the Act’) coming into force and before the Constitution of the Tribunal as envisaged under Section 83 of the Act, in view of the specific bar of jurisdiction of the civil courts under Section 85 of the Act.

3. The learned single Judge (PSN, J) by order dated 26.6.2003 framed the following questions to be decided by a Division Bench:

1. Whether the suits instituted after the Wakf Act, 1995 came into force are to be filed before the Wakf Tribunal only, though the Wakf Tribunal was constituted on a later date? In other words, whether the views express