Petitioners have sought for quashing of the order dated 28-1-2003 in O.S. Nos. 25 of 2003 and 26 of 2002 at Annexures-H and J and to issue appropriate writ.

2. Petitioners are said to be owners in possession of property in Sy. No. 23/1 measuring about 5.09 acres and Sy. No. 23/2 measuring about 5.07 acres situate at Shiroor Village, Gulbarga. According to the petitioners, they have filed a suit in O.S. No. 312 of 2001 which was subsequently renumbered as O.S. No. 25 of 2003 and similarly O.S. No. 314 of 2001 was renumbered as O.S. No. 26 of 2002 seeking for a declaration of ownership and perpetual injunction against the respondents viz., Wakf Board and other persons. It is their case that one Mahalappa was the grandfather of the 1st petitioner who had three sons by name Khandappa, Danappa and Ladappa. The property in question is an ancestral property which was registered in the name of Mahalappa in the record of rights in the year 1932 and after his death, the name of Khandappa was entered as he being the eldest member of the family and there was a family partition in the year 1964 between the three sons. The suit land was allotted to the share of the father of the 1st petitioner and after his death the name of the 1st petitioner came to be entered in the record of rights. Similarly, in respect of the 2nd petitioner it is stated that in the family partition in 1964, the land was allotted to the share of the father of the 2nd petitioner and after his death, name of the 2nd petitioner was entered in the record of rights. Since the names of respondents 2 to 5 are said to have been entered in the record of rights, petitioners are said to have preferred appeal before the Assistant Commissioner, Gulbarga. Thereafter, respondent is said to have stopped interfering with the possession of the petitioners. It is also averred that at the instigation of respondents 2 to 5, the 1st respondent has issued a notice dated 3-8-2000 purporting to be under Section 54 of the Wakf Act, 1995, wherein for the first time noting that there is a darga called Abdul Ali Darga in the suit property, in the Gazette notification dated 29-1-1975 at Sl. No. 148, the suit property was notified as Wakf property and thereafter, the petitioners were called upon to furnish explanation within eight weeks as to why they shall not be removed from the suit land. As such, the petitioners filed a suit and after service of notice on the respondents, the 1st respondent has filed written statement seeking for transfer of the case to the Wakf Tribunal. At this juncture, it has to be noted that by an order dated 6-1-1999, the State Government exercising power under Section 83(1) of the Wakf Act, 1995, constituted four Wakf Tribunals in Karnataka and pursuant to the same, the High Court has issued a notification and also directed the Sessions Judge of the concerned Division to transfer all the cases pertaining to the Wakf and Wakf property to the newly constituted Wakf Tribunal, without specifying as to which are the litigations to be transferred.

3. It is further stated that after the constitution of the Wakf Tribunal, learned Civil Judge transferred all the cases in which the Wakf Board is made a party to the Wakf Tribunal irrespective of the subject-matter of the suit. As such, petitioners filed objections objecting to such transfer on the ground that petitioners are Hindus and they are not claiming any right over the Wakf property and the listing of their property as Wakf property was without hearing the petitioners and as such, it is not binding on them. Further, the lands in dispute are the ancestral property of the petitioners' family and as such, the suit shall not be transferred. However, the prayer of the petitioners was rejected. Hence, these two petitions contending that the property does not come within the definition of Wakf property and also that such properties are not notified by the Wakf Board after commencement of the Wakf Act, 1995 which came into forc