The main legal point established in the judgment is that a party may be entitled to relief under a specific provision of law, even if the exact relief sought is not explicitly provided for, as long as they are successful in establishing their case for obtaining such relief.

JUDGMENT

Partha Sarathi Sen, J. - The present revisional application arises out of Order No.8 dated 28.03.2022 as passed in Suit No. 20/2021 by the Waqf Tribunal of West Bengal whereby and whereunder the said tribunal while disposing of the present petitioners'/defendants' application under Order 39 Rule 4 of the Code of Civil Procedure has been pleased to direct both the parties to the said suit to maintain status quo till disposal of the said suit.

2. The defendants felt aggrieved and thus preferred the instant revisional application under Article 227 of the Constitution of India.

3. For effective disposal of the instant revisional application the facts leading to filing of the instant revisional application are required to be dealt with in a nutshell.

4. One Gulsan Hazra, the opposite party no.1 herein filed Suit No.20/2021 before the Waqf Tribunal, West Bengal (hereinafter referred to as the 'said tribunal) against the present petitioners being the defendants in the said suit stating inter alia; that CS Plot nos.1995 and 1996 situated under Mauja Dudhkalmi under CS Khatiyan No. 434 P.S Chanditala, Dist. Hooghly, (hereinafter referred to as the 'suit property') is a part and parcel of the Waqf estate as created by one Munshi Tajuddin Ahmed. It is the further plaint case that the plaintiff/opposite party no.1 herein was appointed as a Mutawali in  respect of the said Waqf Estate by the Board of Aukaf by a resolution dated 31.10.2017. It is the further plaint case that the suit property has been duly recorded in CS ROR as Waqf. It has been stated further by the plaintiff before the said tribunal that after taking charge of his office he noticed that the defendant no.1 i.e the petitioner no.1 herein illegally recorded the suit property in his name in LR ROR as a secular property and when the plaintiff approached the said defendant no.1, he i.e the petitioner no.1 herein denied the character of the suit property as Waqf. It has been contended further before the said tribunal that on account of pandemic situation the plaintiff being the Mutawali of the suit property which is a Waqf property could not take steps as against the defendant no.1 for recovery of the said Waqf property as well as for the correction of records of rights and taking advantage of the same, the defendant no.1 in collusion with defendant no.2 i.e the petitioner no.2 herein started illegal construction over the suit property and thus finding no other alternative the plaintiff i.e. the opposite party no.1 in this instant revisional application has approached the said tribunal by filing the said suit with a prayer for decree for declaration that the suit property is a Waqf property, decree for declaration that the defendants have no right, title and interest over the suit property, decree for permanent injunction restraining the defendants and/or their men and associates from interfering with the suit property and for other various ancillary reliefs as stated in the suit.

5. Based on the self same facts and circumstances the plaintiff before the said tribunal also filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure with a prayer for granting ad-interim order of temporary injunction restraining the defendants nos. 1 and 2 from making any illegal construction over the suit property as well as from transferring the same or any part thereof to any third party.

6. On perusal of the plaint and the injunction application along with supporting documents as filed by the plaintiff, the said tribunal by order no.2 dated 08.10.2021 passed an ad-interim order of injunction restraining the 3 defendant nos. 1 and 2 from making illegal construction over the suit property as well as from transferring the suit property in favour of any third party till the next date of hearing. After receipt of notice of grant of ad interim order of injunction, the present petitioners being the defendant nos. 1 and 2 in the said suit duly entered thei