Subhiya Kabrasthan, Nagpur Thjrough Its Secretary, Abdul Hafiz Sheikh Suleman v. Sheikh Aziz Sheikh Karim

2001wp6637.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.6637 of 2014 (Subhiya Kabrasthan, Nagpur, through its Secretary Abdul Hafiz Sheikh Suleman v. Sheikh Aziz Sheikh Karim) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Shankar Borkuta, Advocate for Petitioner. Coram : R.K. Deshpande, J.

th January, 2015 Dated : 20 This petition challenges the rejection of application under Order VII, Rule 11 of the Civil Procedure Code, in which the contentions were raised that (i) the suit property is the Wakf property and, therefore, the civil court has no jurisdiction, (ii) the suit is bad for non-joinder of necessary party, and (iii) the suit is not properly valued for payment of court fee. All these questions can be decided by framing the issues by the Trial Court, and no interference is called for in the order impugned. The petition is dismissed. Needless to say that none of the observations made on the merits of the matter shall come in the way of the parties after issues are framed. Judge.

Lanjewar