Alok Singh, J.@mdashBoth the counsel, appearing on behalf of the parties, have fairly stated that in view of the judgment of the Apex Court in the matter of Ramesh Gobindram (dead) through LRs. v. Surga Humayun Mirza Wakf in Civil Appeal No. 1182 of 2006, decided on 01.09.2010, impugned order is without jurisdiction, hence, the same may be quashed with liberty to the Respondent-Plaintiff (Wakf Board) to institute fresh suit before the competent Civil Court.
2. In view of the statements made above, present petition is allowed. Impugned order is set aside. Wakf Board-Respondent shall be at liberty to file a regular civil suit before the competent Civil Court.
