The Civil Court retains jurisdiction in matters not directly contesting Waqf status despite claims of ownership under the Waqf Act.

ORDER

This revision petition is filed by the defendant in O.S.No.423/2022, pending consideration before the III Addl. Civil Judge and JMFC, Mangalore (hereinafter referred to as the ‘trial Court’ for short) assailing the order dated 09.11.2022 by which an application filed by it under Section 85 of the Waqf Act, 1995 read with Order 7 Rule 11(d) and Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) was rejected.

2. The parties shall henceforth be referred to as they were arrayed before the trial court.

3. The suit in O.S.No.423/2022 was filed for perpetual injunction restraining the defendant, its men, agents, servants, followers or any person claiming through or under it for dismantling the old tiled temple cum historical monument situated in the plaint schedule property or causing any loss or damages to the same or putting up new structure over and above the same or by causing damage to the same or in any manner changing the nature of the property, pending enquiry and final determination of the issues by the concerned Government authorities. The suit schedule property is 90 cents of land in Sy.No.1-10 which comprised of a tiled building temple.

4. The plaintiffs claimed that they are the residents of Tenka Ulipady village of Mangalore Taluk. The defendant is a Masjid which is established on the suit property and used by the local Muslims. The plaintiffs claimed that, they were informed that there existed a temple in the precincts of the Mosque which was being worshiped by their ancestors. However, after invasion by the Mughals, the entry to the temple was prohibited and no one else other than Muslims were allowed to enter the precincts of the Masjid. The plaintiffs claimed that the Managing Committee of the Masjid had demolished and dismantled the existing Masjid with an intention to construct new structure thereon. The front portion of the Masjid was demolished on 20.04.2022 and it was only then that the residents of the locality noticed that inside the Masjid there existed a very old temple. They alleged that the Masjid was constructed over the temple which was worshiped by the plaintiffs’ ancestors. They alleged that after demolishing of the Masjid, the Managing Committee had attempted to bulldoze the old temple that existed. The plaintiffs clamed that soon after coming to know of the intention on the part of the Managing Committee, they objected against dismantling the structure. However, the Managing Committee of the Masjid refused the request of the plaintiffs but attempted to cause damage to the existing structure. Thereafter, the plaintiffs contacted the jurisdictional Police as well as Revenue Officers who rushed to the spot and suspended the act of the Managing Committee of the Masjid from further demolition of the temple. The plaintiffs claimed they are residing in the vicinity of the Mosque and they have an interest in the temple which has an ancient heritage. They specifically contended that aforesaid Masjid is situated on Government land, details of which are mentioned in the schedule. They further claimed that they being the residents of the locality, they have every right to see that the interest of the temple is protected and the ancient heritage is not damaged. Hence, they sought for relief mentioned above.

5. The suit was contested by the defendants who entered appearance and filed application under Section 85 of the Waqf Act, 1995 read with Order 7 Rule 11(d) and Section 151 of the CPC to reject the suit as it is barred under Section 85 of the Waqf