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Judgment
Krishna S. Dixit, J
The challenge in this writ petition to the impugned orders made by the plaintiff in a suit for injunction in O.S. No. 8520/2000 is structured on the
ground that by virtue of Section 85 of the Wakf Act, 1995, the civil court has no jurisdiction to try his suit.
After service of notice, the respondent Nos. 1 to 4 having entered appearance through their Senior Standing Counsel, resist the Writ Petition
contending that the earlier decision of the court below made on 24.06.2010 has already answered the jurisdictional issue and consistent with that, the
order dated 26.03.2019 has now been rendered; the Apex Court in Y.B. Patil v. Y.L. Patil, (1976) 4 SCC 66 : AIR 1977 SC 392 has held that the
finding recorded at the successive stages of the same proceeding would operate as res judicata both on facts and law and therefore, Writ Petition be
dismissed.
Having heard the learned counsel for the parties and having perused the Petition Papers, this court declines to grant indulgence in the matter
inasmuch the finding as to the issue relating to jurisdiction vide order dated 24.06.2010 operates as res judicata and the challenge to it now is time
barred; the subsequent order now made is nothing but a reiteration of the earlier; however challenge to the same can be in appeal if & when petitioner
suffers an adverse judgment & decree, as provided u/s 103 r/w Order XLIII Rule 1A of CPC, 1908.
The contention that the Apex Court in it's latest decision in the case of Rajasthan Wakf Board v. Devki Nandan Pathak, (2017) 14 SCC
561 : AIR 2017 SC 2155 has taken a view to which the impugned orders run repugnant, can also be a contention in the appeal if & when preferred.
The statement of the learned Senior Central Govt. Counsel appearing for the contesting respondents that in the event, the judgment & decree go
against them, they will not take up the ground of lack of jurisdiction of the civil court in the appeal, is placed on record.
Writ Petition is disposed off, all contentions of the parties having been kept open.
No costs.