- (1.) We have heard Sri Siddharth Srivastava, learned counsel for the petitioners and Sri Wasim Alam, learned counsel for the respondents.
(2.) The plaintiff-appellants filed O.S. No. 118 of 2013 seeking a decree of permanent injunction against the defendant-respondents to restrain them from interfering in their peaceful possession over the construction and the open land showing by letters Ka, Kha, Ga, Gha in the plaint map.
(3.) In response to the notices and summons, the defendant-respondent no. 1 entered appearance and raised a preliminary objection regarding the jurisdiction of the civil court on the ground that the dispute is in respect of Waqf property. The trial court framed a preliminary issue to the following effect: "Whether the civil court has jurisdiction to entertain a suit in respect of property related to the Waqf in view of Section 85 of the Waqf Act ?";