- (1.) Heard Mr. Brijesh Kumar Saxena, learned counsel for the petitioners, learned Standing Counsel and Mr. V.K. Singh, Senior Advocate, assisted by Mr. S.M. Royekwar, appearing on behalf of the contesting opposite party No.1-Banaras Hindu University and perused the record.
(2.) Through the instant writ petition under Article 226/227 of the Constitution of India, petitioners have challenged the order dated 28.8.2000 contained in Annexure No. 11 to the writ petition and the order dated 28.10.1999 contained in Annexure No. 8 to the writ petition, passed by the District Judge, Civil Courts, Lucknow. Petitioners have also inter alia prayed for issuance of writ in the nature of mandamus directing the District Judge, Civil Courts, Lucknow to proceed with the case from the stage it had been transferred to it and not to hold a de novo trial.
(3.) Shorn of unnecessary details the facts of the case are as under : One Shri D.C. Agrawal and Shri Harish Chandra Agarwal filed a suit under Section 92 of the Code of Civil Procedure [hereafter referred to as "C.P.C."] against Banaras Hindu University, Varanasi (hereinafter referred to as "BHU") in the court of Civil Judge (Senior Division), Mohanlalganj, Lucknow on 17.02.1972, which was registered as Regular Suit No. 25 of 1972, for removal of BHU from the office of trustee of Waqf Shah Banarasi Das and for appointment of new trustee in his place. In the aforesaid suit, notice was issued and in response thereof, defendant-BHU appeared and filed its written statement in the month of December, 1972. The Civil Judge, Mohanlalganj, Lucknow, vide judgment and decree dated 9.12.1978, decided the aforesaid suit ex parte and directed for removal of the defendant-BHU from office of trusteeship of the waqf Shah Banarasi Das. The defendant-BHU was further directed to deliver possession to the newly appointed trustee. However, it was provided that the scheme of management of the trust properties would be settled in final decree. Lastly, the Court directed for preparation of preliminary decree accordingly.;