1. Heard Mr. Y. H. Muchhala, learned senior counsel for the applicants and Mr. Sagheer A. Khan, learned counsel for respondent no.1 at length. Mr. Muchhala orally applies for leave to delete respondent no.2, Maharashtra State Board of Wakfs on the ground that no relief is claimed against it in the present application and is a formal party. On the motion made by Mr. Muchhala, leave to delete respondent no.2 is granted. Amendment shall be carried out forthwith.

2. Rule. Mr. Khan waives service for respondent no.1. At the request and by consent of the parties, Rule is made returnable forthwith and Application is taken up for final hearing.

3. By this Application under Section 83(9) of the Waqf Act, 1995, original defendants no. 1 to 7 have challenged the Judgment and order dated 29.6.2015 passed by the learned Presiding Officer, Maharashtra State Waqf Tribunal, Aurangabad, (for short, 'Tribunal'), below Exhibits 19 and 30 in waqf Suit No.144 of 2014. By that order, the Tribunal partly allowed Application-Exhibit-19 filed by respondent no.1 for grant of adinterim injunction under Order 39 Rules 1 and 2 read with Sections 151 and 9-A(2) of the Code of Civil Procedure, 1908 (for short, 'C.P.C'). The Tribunal also allowed Application-Exhibit-30 filed by respondent no.1 for amending Plaint. The parties shall, hereinafter, be referred to as per their status before the trial Court.

4. Respondent no.1 instituted waqf Suit No.144 of 2014 before the Tribunal, inter-alia, for perpetual injunction restraining defendants no. 1 to 7 from illegally developing City Survey no. 1/50 to 11/50 and part of C.S.No.50 situate at Tawripada, Lalbagh, Mumbai (for short, 'suit properties'); from raising further construction; creating third party interest; from changing the nature of the suit properties as also from handing over the possession of the flats constructed over the suit properties. The plaintiff claims that the suit properties are waqf properties and belong to it.

5. During the pendency of the suit, the plaintiff filed application claiming temporary injunction. The Tribunal was pleased to issue summons-cum-notice to defendants 1 to 7. In pursuance thereof, defendants no.1 to 7 appeared on 28.11.2014. The matter was posted on various dates. On 31.3.2015, defendants no. 1 to 7 filed application under Section 9-A of C.P.C. for framing preliminary issue of jurisdiction and maintainability of suit and for dismissal of the suit. The plaintiff filed application dated 10.6.2015 at Exhibit-19 praying for adinterim order under Order 39, Rules 1 and 2 read with Sections 151 and 9-A(2) of C.P.C. Defendants no.1 to 7 resisted the application by filing reply dated 15.6.2015. By order dated 15.6.2015, the Tribunal framed following preliminary issue:

“Whether this Court has jurisdiction to entertain and try the suit in respect of the suit properties?”

The plaintiff filed application dated 18.6.2015 at Exhibit 30 for amending the plaint. Defendants no.1 to 7 resisted the application by filing reply dated 18.6.2015. By the impugned order, the Tribunal has allowed applications Exhibits 19 and 30, as indicated earlier. It is against this order, defendants no.1 to 7 have instituted the present application.

6. Mr. Khan submitted that for the first time in this revision application, defendants no. 1 to 7 have contended that the functioning of the single member of Tribunal constituted under section 83(4) of the Waqf Act, 1995 (for short, 'Principal Act') is contrary to the scheme of a three member Tribunal contemplated under amended section 83(4). The Principal Act was amended by the Waqf (Amendment) Act, 2013 (for short, 'Amendment Act') which came into force with effect from 1.11.2013. The single member Tribunal, therefore, has no jurisdiction to entertain the suit contrary to the scheme and constitution of the Tribunal as contemplated under amended section 83(4).