- (1.) THE short question involved in this second appeal is as to whether suit for permanent injunction is barred under Section 85 of the Muslim Waqf Act, 1995.
(2.) THE appellant filed a suit for permanent injunction against the respondents for restraining them from removing the door and encroachments made by them behind the shop of the appellant and repair the broken wall of the shop in possession of the appellant over a portion of Nawab Bagh and Qasbe Wala Bagh adjacent with other four shops of the appellant. The appellant has further prayed that the respondents be restrained from interfering in the possession of the appellant over the grove plot No.135/3 situated at Malihabad, Lucknow.
(3.) THE respondent no.1 moved an application, before filing of the written statement, raising a preliminary objection that the subject matter of the suit relates to a waqf property and as such the suit for permanent injunction could be filed before the Waqf Tribunal only and the jurisdiction of the civil court was exclusively barred. The appellant filed written objection and the learned Civil Judge, before whom the suit is pending, found that the Civil Court had no jurisdiction to hear the suit and with this finding the suit filed by the appellant was dismissed. Feeling aggrieved by the aforesaid order dated 07.02.2012 passed by the Civil Judge, the appellant preferred an appeal before the District Judge Court, Lucknow which was heard by Additional District Judge, Court No.3, Lucknow and the learned first appellate Court also dismissed the appeal and affirmed the order passed by the trial court.;