- (1.) In the special leave petition being SLP(C)No.29234 of 2015, the petitioner (plaintiff) seeks to challenge the impugned judgment and order dated 11.9.2015 passed by Single Judge of the Bombay High Court in Civil Revision No.395 of 2015, whereby waqf suit instituted by the petitioner before one member Waqf Tribunal has been held to be not maintainable and necessary directions have been issued by the said order for return of the plaint and for presentation before the appropriate civil court for adjudication of disputes.
(2.) The plaintiff, a trust called Lal Shah Baba Dargah Trust, instituted the suit before the one member Maharashtra Waqf Tribunal, Aurangabad (in short, "the Tribunal") claiming the suit property as waqf property held by the trust, for perpetual injunction restraining defendants nos. 1 to 7 from illegally developing portion of the suit plot in City Survey No. 1/50 to 11/50 and part of C.S.No.50 situated at Tawripada, Lalbagh, Mumbai; from raising further construction; creating third party interest; from changing the nature of the suit properties as also from handing over the possession of the flats constructed therein. A separate application for temporary injunction was also filed before the Tribunal, which was partly allowed and an ad-interim injunction in those terms has been granted.
(3.) Aggrieved by the order passed by the Tribunal granting injunction, the defendant-respondents moved the High Court under Section 83(9) of the Waqf Act, 1995 by way of civil revision, which was registered as C.R. No.395 of 2015. The defendant-respondents, besides other defence, challenged the jurisdiction of one man Tribunal on the ground inter alia that the functioning of single member Tribunal constituted under Section 83(4) of the 1995 Act ceased to have jurisdiction after the 1995 Act was amended by Wakf (Amendment) Act of 2013, which came into force with effect from 1.11.2013 i.e. much before the commencement of the suit before one man Tribunal.;