H. RANGAVITTALACHAR, J. ( 1 ) THE petitioners claims to be the owners of the property bearing CTS no. 1014 situate at Ward No. 3, Janatha Bazaar, Hubli, wherein a temple of Changadeva Maharaja exists. When the petitioners were exercising their ownership rights over the property, the Kantataka state Board of Wakf, respondent 2 herein notified the said property as "wakf Property", ( 2 ) THE petitioners filed a civil suit on 19-3-1985 in O. S. No. 192 of 1985 challenging the said notification. The suit was decreed on 28-2-2001. Aggrieved by the said judgment and decree, the Kaniataka State board of Wakf and the Dharwad District Wakf Committee filed an appeal in R. A. No. 73 of 2001 on the file of the Prinicipal Civil Judge (Senior Division), Hubli. When the appeal was being heard, the learned district Judge, Dharwad, purporting to exercise his power under Section 24 of the Code of Civil Procedure withdrew R. A. No. 73 of 2001 from the file of the Principal Civil Judge (Senior Division), Hubli, and transferred the same to the file of the Presiding Officer, Karnataka Wakf Tribunal, belgaum Division, by his order dated 13-9-2002 vide Annexure-D. The learned Civil Judge (Senior Division), Hubli, however passed a separate reasoned order on 24-9-2002 transferring the appeal to the file of the wakf Tribunal vide Annexure-E. ( 3 ) THE petitioners have challenged these two orders of the learned district Judge and that of the Civil Judge as being passed without a proper understanding of provisions of Section 7 (5) of the Wakf Act, 1995, and have sought for further issuance of a writ of mandamus to direct the learned Civil Judge (Junior Division), Hubli, to hear and dispose of the appeal on merits. ( 4 ) HEARD, Sri V. M. Sheelavanth, learned Counsel appearing for the petitioners and Sri Prabhuling K Navadgi, learned Counsel appearing for respondents 2 and 3. ( 5 ) IN order to appreciate the contentions raised by the petitioners, it is necessary to briefly refer to the relevant provisions of the Wakf Acts of 1954 and 1955; The Wakf Act, 1995, has repealed the Wakf Act, 1954. The Wakf Act, 1954, gave powers to the State Government under section 4 of the Act, to appoint a Commissioner of Wakfs for making a survey of the wakf properties existing in the State on the commencement of the Act. The Wakf Act, 1954, gave powers to the State Government under section 4 of the Act, to appoint a Commissioner of Wakfs for making a survey of the wakf properties existing in the State on the commencement of the Act. After conducting a survey and holding an enquiry, the Commissioner was given power under Section 5 of the Act to publish a list of wakfs in the Official Gazette. If any person was aggrieved by the notification, he was entitled to file a civil suit questioning the correctness of such a declaration under Section 6 of the Act. ( 6 ) THE petitioners' property in question was notified in the Gazette as "wakf Property" under the provisions of the Wakf Act, 1954. The same was challenged by the petitioners by filing a civil suit before the Civil judge (Junior Division), Hubli, in the year 1985; While the suit was pending, the Wakf Act, 1954, was repealed by the Wakf Act, 1995. Among the changes brought in the New Act, is the creation of a Tribunal as the dispute resolving forum in place of the Civil Court as per Section 6 of the Old Act. Section 6 (1) of the Wakf Act, 1954, is extracted herein for ready reference omitting the other clauses of the said section as being not relevant. Section 6 (1) of the Wakf Act, 1954, reads:"if any question arises whether a particular property specified as wakf property in a list of wakfs published under sub-section (2) of Section 5 is a wakf property or not or whether a Wakf specified in such list is a Shia Wakf or Sunni Wakf, the Board or the mutawalli of the Wakf or any person interested therein may institute a suit in a Civil Court of competent jurisdiction for the decision of the question and the decision of the Civil Court in respect of such matter shall be final: provided that no such suit shall be entertained by the Civil court after the expiry of one year from the date of the publication of the list of wakfs under sub-section (2) of Section 5". ( 7 ) SECTION 7 of the Wakf Act, 1995, defines the jurisdiction of the tribunal. Section 7 (5) of the Wakf Act, 1995, excludes the jurisdiction of the Tribunal under certain circumstances. ( 7 ) SECTION 7 of the Wakf Act, 1995, defines the jurisdiction of the tribunal. Section 7 (5) of the Wakf Act, 1995, excludes the jurisdiction of the Tribunal under certain circumstances. Section 7 (1) and Section 7 (5) of the Wakf Act, 1995, are extracted herein: section 7 (1) If, after the commencement of this Act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a Shia Wakf or a Sunni Wakf, the Board or the mutawalli of the wakf, or any person interested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the tribunal therein shall be final: provided that (A) in the case of the list of wakfs relating to any part of the state and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and (b) in the case of the list of wakfs relating to any part of the state and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: provided further that where any such question has been heard and finally decided by a Civil Court in a suit instituted before such commencement, the Tribunal shall not re-open such question. Section 7 (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a Civil Court under sub-section (1) of section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. ( 8 ) AN analysis of exclusion clause of Section 7 (5) of the Wakf Act, 1995, clearly reveals that where a civil suit is pending for resolving a dispute as on the date the Wakf Act, 1995 came into force i. e. , on 1-1-1996, the Tribunal shall have no jurisdiction to deal such cases. ( 9 ) SIMILARLY, where the appeal was filed in respect of a decree passed by the Civil Court (Junior Division), before the commencement of the new Act, such an appeal also shall not be dealt by the Tribunal. ( 10 ) IN the facts stated above, it is clear that as on the date the Wakf act, 1995 came into force i. e. , on 1-1-1996, the civil suit O. S. No. 192 of 1985 was pending and therefore, by virtue of Section 7 (5) of the Wakf act, 1995, the Wakf Tribunal did not possess the jurisdiction. Besides, the appeal R. A. No. 73 of 2001 being the continuation of the civil suit o. S. No. 192 of 1985 the jurisdiction of the Tribunal trying such a dispute being already excluded by necessary implications, the jurisdiction of deciding the appeal R. A. No. 73 of 2001 also got excluded and any other interpretation would lead to anomalous results. ( 11 ) BOTH the learned District Judge and the learned Civil Judge (Senior Division), have failed to properly apply their mind to the exclusion clause of Section 7 (5) of the Wakf Act, 1995, and thereby, have failed to exercise jurisdiction vested. ( 12 ) HENCE, the writ petition is allowed. The impugned orders are quashed. The matter is remitted to the file of the learned Civil Judge (Junior Division), with a direction to hear and dispose of the appeal R. A. No. 73 of 2001 on merits unaffected by the provisions of the Wakf Act, 1995. --- *** --- .