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2019 Supreme(All) 2205

YOGENDRA KUMAR SRIVASTAVA
Siraj Ahmad @ Sirajuddin – Appellant
Versus
Sanjeev Kumar – Respondent


Advocates Appeared:
For the Petitioner: Bashir Ahmad Khan
For the Respondent: Rakesh Kumar Pandey, Sushil Kumar Pandey

JUDGMENT :

1. Heard Sri Bashir Ahmad Khan, learned counsel for the petitioners and Sri Ravi Agrawal along with Sri Rakesh Kumar Pandey, learned counsel for the respondents.

2. The present petition has been filed seeking a prayer to set aside the order dated 24.11.2018 passed by the Civil Judge (Junior Division)I, Hapur in Original Suit No.199 of 2017 (Sanjeev Kumar & Ors. Vs. Siraj Ahmad & Ors.) whereby the application (Paper No.90Ga) filed by the petitioners under Order VII Rule 11 of the Code of Civil Procedure, 1908 CPC has been rejected.

3. The petitioners also seek to assail the order dated 23.07.2019 passed by the District Judge, Hapur in Civil Revision No.75 of 2018 (Siraj Ahmad & Ors. Vs. Sanjeev Kumar & Ors.) in terms of which the order rejecting the application under Order VII Rule 11 CPC has been affirmed.

4. The only ground which has been sought to be canvased on behalf of the petitioners to support their claim for rejection of plaint under Order VII Rule 11 CPC is by placing reliance upon Section 85 of the Waqf Act, 1995 the Act, 1995 to contend that the property in question being a waqf property the jurisdiction of the civil court would be barred.

5. Per contra, learned co

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