ARUN BHANSALI, J.

This appeal is directed against the order dated 11.09.2006 passed by the Additional District Judge No.1, Jodhpur (‘the trial court’), whereby the application filed by the respondents-plaintiffs under Section 85 of the Wakf Act, 1995 (‘the Act’) read with Section 151 CPC has been accepted and the suit has been ordered to be returned back exercising powers under Order VII, Rule 10 CPC for being presented before the Wakf Tribunal constituted under the provisions of the Act.

2. The suit was instituted by respondents-plaintiffs on 18.05.1966 seeking possession of the suit property.

3. As would be noticed, the suit remained pending for over four decades, when an application under Section 85 of the Act came to be filed by respondents-plaintiffs on 07.02.2006, inter alia, with the averments that in view of the provisions of Section 85 of the Act, the Wakf Tribunal has the exclusive jurisdiction to deal with the subject matter of the suit and, therefore, the suit deserves to be sent to the Wakf Tribunal for trial.

4. The application was contested by the appellants.

5. The trial court by its order impugned dated 11.09.2006, came to the conclusion that the issue raised