1. This revision under section 115 of Civil Procedure Code, 1908 read with section 83(9) of Wakf Act, 1995 (in short “Wakf Act”) has been filed at the instance of defendants No. 3, 4 and 5 i.e. Sukhdev, Bansilal and Laxmi Prasad. During the pendency of the revision, the name of applicant No. 2 Bansilal has been deleted vide dated 8.11.2006 of this Court.

2. Indeed a civil suit for injunction on 19.6.1990 was filed by plaintiff/respondent No.1 in the Court of second Civil Judge. Class-II Chhindwara which was registered as Civil Suit No. 50-A/1990 in respect of property which has been mentioned in the plaint and which is the subject matter of the suit on the averments that the land in question belongs to graveyard (hereinafter referred to as “Kabristan”) and from beginning the said land has been reserved for burying the dead bodies of members of muslim community.

3. On constitution of Wakf Tribunal under the Wakf Act, the aforesaid civil suit was directed to be transferred vide order dated 5-11-1997 of learned Second Civil Judge, Class-II Chhindwara and accordingly it was received by the said Tribunal where trial of suit was further proceeded. According to the plaintiff, the suit