M.L. MEHTA, J. :

1. This petition seeks assailing the order dated 25.11.2011 of CCJ, whereby the application of the petitioners under Order 7 Rule 11 CPC, who were the defendants No. 1 and 2 in the suit, was dismissed.

2. The respondent No. 1 Azizuddin had filed a suit for permanent injunction against the present petitioners (defendants No. 1 & 2) as also defendant No. 3 NDMC. In the said suit, an application under Order 7 Rule 11 CPC was filed by the petitioners (defendant Nos. 1 & 2) for rejection of the plaint. The main premise of filing of the application under Order 7 Rule 11 CPC was that the suit was with regard to the property owned and possessed by the Delhi Waqf Board and as per Section 85 of the Waqf Act, 1995, the jurisdiction of the Civil Court was barred. The learned Trial Judge rejected the application, observing that the action alleged by the respondent No. 1/plaintiff was not against the Waqf Board, but against the individualistic actions on the part of the petitioners. It is this order of the Trial Judge, which is under challenge in the instant petition.

3. I have heard learned counsel for the petitioners as also the respondents and gone through the record