( 1 ) LEAVE granted. Heard learned Counsel for the parties.

( 2 ) THIS appeal is directed against the order passed by learned Single Judge of the High Court of Rajasthan, Jaipur Bench, dated 23. 5. 2005 whereby the learned Single Judge had set aside the judgment and decree passed by the Addl. District and Session Judge-VI, Jaipur in Civil Suit No. 29/95 (271/76) dated 23. 1. 1996 and held that parties shall approach the Wakf Tribunal for further relief in the matter.

( 3 ) THE brief facts which are necessary for the disposal of the Appeal are that a suit being Civil Suit No. 29/95 (271/76) was filed by the Plaintiffs (Respondents-herein) in the Court of Addl. District and Session Judge-VI, Jaipur, which was dismissed. Aggrieved against the aforesaid order dismissing the suit, an appeal was filed by the Plaintiffs (Respondents-herein) before the High Court taking the plea that by virtue of Section 85 of The Wakf Act, 1995 (hereinafter referred to as "the Act"), the Civil Court ceased to have any jurisdiction in the matter, and therefore, the judgment and decree passed by the Addl. District Judge, Jaipur was without jurisdiction.

( 4 ) IN this connection the learned Single Judge,