Alok Singh, J.

Plaintiff/petitioner has filed present petition assailing the order dated 23.8.2007, whereby learned Trial Court was pleased to hold that in view of Section 6/7 read with Section 85 of the Waqf Act, 1995, Civil Court has no jurisdiction to hear and decide the present case.

2. Brief facts of the present case, inter alia, are that plaintiff/petitioner filed O.S. No. 4 of 2004 in the Court of Civil Judge (Jr. Division), Haldani seeking permanent prohibitory injunction against the defendant/respondent, herein, restraining the defendant/respondent, herein in making any interference in the possession of the plaintiff/waqf, over the suit property directly or indirectly, by any means.

3. As per the contents of paragraph nos. 1, 2 and 3 of the plaint, the then owner of the property Lala Mohammad Banjara has created Waqf of his property. After his death, property in question is being treated as Waqf property, Uttar Pradesh Sunni Central Waqf Board was pleased to register entire disputed property as Waqf property at Sr. No. 648 in the list of waqf properties. It is further stated that defendant is giving threat to encroach upon the waqf property, therefore, defendant be re