Shabir Khan and anr. Vs. Mumtaj Khan and ors. - Court Judgment

Excerpt:
wakf act - section 55 and civil procedure code--section 92--provisions of wakf act override provistons of cpc--held, it is proper to grant time to obtain consent of wokf board.;order accordingly - kishore singh lodha, j.1. the matter comes up for dictation of the order on the revision filed by the petitioners. learned counsel for the petitioners-submits that as the suit has already been filed and is pending, he may be granted some-time to obtain permission of the wak board, as required by section 55 of the wakf act, and till then the further proceedings may remain stayed. the suit has been filed under section 92 of the civil procedure code the application has been made for grant of permission by the court as envisaged by that section. however, since section 55 of the wakf act over rides the provisions of section 92, cpc the prayer made by the learned counsel for the petitioners cannot be said to be improper and therefore, i deem it proper to grant him some time to obtain the consent of the wakf board, as required by section 55 of the wakf act. learned counsel for the non-petitioner also has no objection to the grant of time.2. the petitioners are therefore, granted two months time from today to appreoach the wakf board-.for the needful. the suit shall remain pending before the trial court for two months from today or till such further time as that court allows and, thereafter, is shall proceed in accordance with law if consent is granted to the petitioners under section 55 of the wakf act.3. with these observation, the revision petition is rejected.