waqf property

rajinder ansh (Querist) 06 June 2012 This query is : Resolved
in my case the waqf people are bent to open the gate of masque from the gali abstracting my way etc. i have filled a suit against them. now the waqf has filed the application for dismissal of the suit as being waqf property and civil court has no jurisdiction to try and entertain the waqf matter. kindly suggest with relevant law.

thanx

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Shonee Kapoor (Expert) 06 June 2012
The Mosque alone is the property of the Waqf. The gali adjoining is not the property of the waqf, hence your suit is maintainable and can not be dismissed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert) 06 June 2012
for citations try www.indiankanoon.org

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Adv.R.P.Chugh (Expert) 06 June 2012
Suit is perfectly maintainable. Civil Courts have jurisdiction to try all suits of civil nature unless it's cognizance is expressly or impliedly barred in a particular case. There is no bar on seeking a mandatory/permanent injunction with respect to common way.

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