I.S. ISRANI, J.—This SB. Civil Misc. Appeal under Order 43 Rule l(u) C.P.C. has been filed against the judgment and order dated August 17, 1977 passed by learned Civil Judge, Kota in Civil Appeal No. 57/72 and 85/74 whereby the case was remanded to the trial Court which arose from the judgment and decree dated July 15, 1971 passed by learned Additional Munsif Magistrate, Court No. 1, Kota.

2. It will suffice to state for the purposes of this appeal that appellant plaintiffs filed the suit against the respondents inter alia pleading that two particular mosques situated in Kota did not belong to the Wakf Committee and Rajasthan Board of Muslim Wakf. It was pleaded that the entire property is owned and possessed by the Choti Panchayat, Momnan, Kota and that these properties had been dedicated to the Wakfs and not were constructed from personal funds belonging to appellants and Mohammedans in general or pulbic have not contributed towards it. However, in the gazette dated Sept. 8, 1966 the property was declared Wakf property and shown at items No. 6,7 and 8. A declaration was, therefore, sought that the property is not Wakf property. The suit was contested and inter alia an objection re

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