In Brief
The Supreme Court held that a suit for permanent injunction regarding waqf property must be filed before the Waqf Tribunal, not a civil court. The appellant-defendant admitted the suit property was a waqf property and that the plaintiff's father was the mutawalli (trustee). The first respondent-plaintiff sought injunctive relief from the civil court. The High Court allowed his appeal, holding that since the property was admitted to be waqf property and only injunction was sought, the civil court had jurisdiction. The Supreme Court reversed this, holding that Section 83 of the Waqf Act, 1995 grants Tribunals jurisdiction over any dispute or matter relating to waqf property, regardless of whether the property's waqf status is admitted or disputed. The bar under Section 85 applies broadly, and ignoring it would violate the statutory mandate.
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