This order disposes of both the revisions. CRP No.719 of 2007 is by Adoni Syed Khader Macci-Ul Bhokari Darga (‘the suit Darga’ for short) against three respondents. CRP No.1844 of 2008 is by the third respondent in CRP No.719 of 2007 against the petitioner therein. Both the revisions related to the suit Darga. Common questions arose in both the cases. Consequently, both the revisions are disposed of through this common order. The parties are referred to hereinafter as they are arrayed in CRP No.719 of 2007.

2. The petitioner filed O.S.No.146 of 2008 on the file of the Principal Junior Civil Judge, Adoni. It was a suit by the Darga for the eviction of respondents 1 and 2 herein. O.S.No.146 of 1998 was decreed on 19.04.2001.

3. Aggrieved by the same, A.S.No.12 of 2001 was filed by respondents 1 and 2. A.S.No.12 of 2001, however, was dismissed on 15.07.2002. Perpetual injunction was also granted in favour of the petitioner, through the judgment and decree in A.S.No.12 of 2001. Respondents 1 and 2, thereafter, preferred Second Appeal in SA No.674 of 2002. The second appeal, however, was dismissed by this Court at the admission stage on 29.08.2002. The judgment in A.S.No.12 of 2001 was thus confirmed. Six months time was granted to the respondents 1 and 2 to vacate the schedule premises. Claiming that the respondents 1 and 2, however, did not vacate the premises within the stipulated time, the petitioner laid E.P.No.102 of 2003 on the file of the Principal Junior Civil Judge, Adoni. The E.P. was ordered. When warrant was issued for delivery of possession of the property to the petitioner, the bailiff returned the warrant on the ground that the premises was under lock and key.

4. The Wakf Board wanted to take over the management of the Darga. The Wakf Board, consequently, laid O.S.No.10 of 1969 on the file of the Subordinate’s Court, Adoni against the tenant for the eviction of the tenant. The said suit was dismissed on 28.09.1970. On 04.05.1989, the Wakf Board notified declaring the Darga as wakf property. Questioning the same, the petitioner-Management Committee filed Writ Petition No.2302 of 1990 on the file of this Court. The second respondent was impleaded in the writ petition as respondent No.6. The second respondent as the 6th respondent in W.P.No.2302 of 1990 contended that the property was not wakf property. W.P.No.2302 of 1990 was allowed on 07.09.1993. The notification issued by the Wakf Board treating the property as wakf property, consequently, was quashed. The Wakf Board filed Writ Appeal Nos.1347 and 1348 of 1993 from the orders in W.P.No.2302 of 1990. Both the writ appeals were dismissed confirming the orders in W.P.No.2302 of 1990. The present litigation started only thereafter. The respondents 1 and 2 are man and his wife. The third respondent is their son. The claim of the petitioner is that respondents 1 and 2 are illegal occupants of the premises.

5. After the disposal of the second appeal in SA No.674 of 2002, the third respondent, who is son of respondents 1 and 2, filed O.S.No.88 of 2003 before the Wakf Tribunal seeking for an injunction. By then, the property was not notified to be the wakf property. The petitioner-Management Committee resisted O.S.No.88 of 2003. On 23.02.2008, the Wakf Tribunal dismissed O.S.No.88 of 2003 holding that the suit was laid to stall the adjudication proceedings in E.P.No.102 of 2003.

6. In the meanwhile, the Management Committee of the petitioner Darga passed a resolution and requested the Wakf Board to take over the institution. The Wakf Board accepted the request of the Management Committee and took over the institution of the petitioner, through gazette notification dated 06.01.2005. The schedule property thus became wakf property with effect from 06.01.2005.

7. Respondents 1 and 2 laid E.A.No.930 of 2006 in E.P.No.102 of 2003 that the property is a wakf property and that the civil Court has no jurisdiction to decide the eviction petition for the eviction of th