The court determined that the land in question is not a graveyard and upheld previous rulings on ownership.

ORDER

I.A. Nos.1969/2021 and 10892/2018 are applications for taking documents on record. The documents, which are sought to be brought on record, are relevant and necessary for proper adjudication of the case. Hence, aforesaid interlocutory applications are allowed. The documents are taken on record.

2. This Civil Revision under Section 83 (9) of the Madhya Pradesh Wakf Act has been filed by the applicants challenging order dated 02.08.2018 passed by the Madhya Pradesh Wakf Tribunal, Bhopal in Case No.112/2015, whereby their application under Order 39 Rules 1 & 2 of C.P.C. has been dismissed.

3. The applicants, as plaintiffs, filed a civil suit against the respondents in respect of graveyard land stating that the respondents are illegally raising construction and have sold out certain portion of the land. Therefore, it be declared that the sale deeds executed by respondents in respect of said lands are null and void and the illegal construction so raised over the suit property be demolished. The aforesaid civil suit was registered as Case No.112/2015.

4. Along with the civil suit, the applicants also filed an application under order 39 Rules 1 & 2 read with 151 C.P.C. stating that during the pendency of civil suit, the respondent Nos.2 & 6 in collusion with each other are destroying the graves constructed over Khasra No.268 by a J.C.B. Machine; they are cutting trees and are raising multi storied buildings. It is also mentioned that respondent No.8 on behalf of respondent No.1 is trying to raise illegal construction, but the suit property being graveyard and belonged to Muslim community, which is popularly known as "Kale Peer Shah", cannot be sold out and its nature can also not be changed. The act of the respondents/defendants was informed by the applicants to the Chief Minister, District President, Bhopal,WakfBoard, Bhopal, Inspector General of Police, Bhopal, but no action has been taken restraining them from making encroachment over the suit property. The respondents in collusion with the State authorities are spoiling the graveyards, though their nature cannot be changed in any manner. Therefore, it was prayed that till disposal of the suit, the defendants be injuncted from entering into the suit property and interfering in the peaceful possession of the plaintiffs.

5. The defendant No.1 filed its reply to injunction application under Order 39 Rules 1 & 2 C.P.C. stating that the suit property is not the Waqf property, in-as-much as respondent No.1 has filed Civil Suit No.4A/2002, wherein the Second Additional District Judge, Bhopal on 12.11.2002 has held that the suit property belongs to the respondents. The M.P. Waqf Board has filed a suit in respect of Khasra No.268 before the 4th Civil Judge. Along with the suit an application under Order 39 Rules 1 & 2 C.P.C. has also been filed, which has been dismissed on 17.01.2003. The Waqf Board has also filed Cases Nos.12/2001 and 41/2001 before the Tribunal, wherein it was decided that the Tribunal has no jurisdiction to decide the proceedings. Thus, the Waqf Board has completely lost the case. The defendant No.1 and the Trust have been declared as owner. The list on the basis of which the property in question is being regarded as Waqf property has already been cancelled by the State Govt on 24.11.1962 and the same has been affirmed in S.A. No.75/1980. The possession of the suit property is not with the plaintiffs. The respondent No.1 has purchased the suit property on 20.05.1964 from Faiyaz Ali Shah and Iliyas Ali Shah for a sale consideration of Rs.35,000/- through the registered sale deed. The name of the respondent No.1 has also been mutated in the r