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As per case facts, the respondent contended that an area on the ground floor of an apartment complex, developed by the 1st appellant, was enclosed as a Mosque, and public
...access for prayers was obstructed. The respondent sought a perpetual injunction. The appellants argued that no Mosque existed, it wasn't a waqf under the 1995 Act, and the Tribunal lacked jurisdiction. Their application for plaint rejection was denied by lower courts. The question arose whether the Tribunal has jurisdiction over a property's waqf status if it is not explicitly listed or registered under the Waqf Act, 1995, and whether an injunction suit can be brought before the Tribunal for such property. Finally, the Supreme Court held that the Tribunal's jurisdiction regarding waqf property status is limited to properties specified in the 'list of auqaf' (published or registered). Section 83 does not grant expansive, omnibus jurisdiction. Since the property was neither listed nor registered, the Tribunal lacked jurisdiction. The appeal was allowed, rejecting the suit and setting aside the lower court orders.
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