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2012 Supreme(All) 2485

PANKAJ MITHAL
SHAHEN SHAH – Appellant
Versus
CIVIL JUDGE (S. D. ) SANT KABIR NAGAR – Respondent


Advocates:
Counsel :
S.P. Shukla for the Petitioners; Punit Kumar Gupta for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard learned counsel for the petitioners.

Petitioners have preferred this writ petition against the order of the Civil Judge (S.D.), Sant Kabir Nagar, dated 13.8.2012 passed in exercise of powers as a Wakf Tribunal.

2. Sub-Section 9 of Section 83 of the Wakf Act, 1995 (hereinafter referred to as the Wakf Act) provides that any dispute question or matter which has been determined by the tribunal is revisable by the High Court.

The aforesaid provision reads as under :

“(9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal

Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit.”

The order impugned herein is an order passed by the Wakf Tribunal deciding finally, the issue of jurisdiction in the pending reference. Thu















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