HAJI RAO SHARAFAT ALI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-9-48
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on September 20,2012

HAJI RAO SHARAFAT ALI, S/O SHRI RASHEED AHMAD Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) This revision is directed against the order dated 5-9- 2012 passed by the District Judge, Haridwar, in O.S. No. 5 of 2012, Haji Rao Sharafat Ali Vs. State of Uttarakhand and others, whereby the application for grant of temporary injunction has been rejected by the Tribunal/District Judge, Haridwar.
(2.) The learned Advocate General appearing on behalf of the respondents has raised a preliminary objection that the revision itself is not maintainable since no final determination has been made by the Tribunal and only the temporary injunction application has been rejected.
(3.) I have perused the provisions of Section 83 of the Wakf Act, 1995 (for short the Act), the relevant extract thereof reads as under:- "83. Constitution of Tribunals, etc.- (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determiation of any 2 dispute, question or other matter relating to a wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals. (2) XXX XXX XXX (3) XXX XXX XXX (4) XXX XXX XXX (5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1905 (5 of 1908), while trying a suit, or executing a decree or order. (6) XXX XXX XXX (7) XXX XXX XXX (8) XXX XXX XXX (9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may conform, review or modify such determination or pass such other orders as it may think fit.";


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