J.B. Koshy, J.

Whether a civil court has jurisdiction to continue to adjudicate a pending suit after introduction of S. 85 of the Wakf Act, 1995 is the question referred by a learned Single Judge of this court to the Division Bench.

2. Before dealing with the question of law referred, we may refer to the facts of these cases. A predecessor of the petitioner in W.P.(C)No.20780 of 2005 filed a civil suit (O.S.No.764 of 1992) before the Munsiff's Court, Palakkad. Some interim orders were also passed by that court. When S.85 of the Wakf Act was introduced with effect from 1.1.1996, the suit was returned by the civil court. The petitioner challenged the same which resulted in Ext.P1 judgment (reported as Abdul Rahiman Musaliar Mohammed Sahib (2002 (3) KLT 742). The S.L.P filed against the above decision was also dismissed by the Hon'ble Apex Court as can be seen from Ext.P6 in W.P.(C)No.20780 of 2005. The Learned Single Judge held that civil court has no jurisdiction only in matters wherein the Wakf Tribunal was given specific powers to adjudicate, but, other matters can continue to be agitated in the civil court. It was also held that only if the entire subject matter of the