JUDGMENT : Narendra Singh Dhaddha, J. 1. This revision petition has been filed by the petitioners against the order dated 16.05.2006 passed by the Additional District Judge No. 6, Jaipur City, Jaipur (for short 'the Appellate Court') in Civil Misc. Appeal No. 55/2004 whereby the Appellate Court dismissed the appeal and confirmed the order dated 11.09.2001 passed by the Additional Civil Judge (JD) No. 1, Jaipur City, Jaipur (for short 'the trial Court') in Civil Suit No. 632/70 whereby the trial Court returned the plaint under Order 7, Rule 10 CPC for its presentation in the Rajasthan Wakf Tribunal. 2. Learned counsel for the petitioners submits that the petitioners had filed the suit for permanent injunction in the Court of Munsif in which plaintiff had adduced their evidence and matter was posted for the defendants' evidence at that time. Learned counsel for the petitioners further submits that respondent No. 1 had filed an application under Order 7, Rule 10 CPC. Learned counsel for the petitioners further submits that trial Court vide order dated 11.09.2001 allowed the application filed by the respondent No. 1 and returned the plaint of the plaintiffs for its presentation in the Rajasthan Wakf Tribunal. Learned counsel for the petitioners further submits that the petitioners had filed an appeal against the said order and the Appellate Court also dismissed the appeal filed by the petitioners vide order dated 16.05.2006. 3. Learned counsel for the petitioners submits that trial Court as well as Appellate Court had committed an error in allowing the application filed by respondent No. 1 under Order 7, Rule 10 CPC and section 85 of the Wakf Act, 1995. Learned counsel for the petitioners further submits that petitioners had filed the civil suit prior to commencement of the Wakf Act, 1995 and as per the Section 7(5) of the Wakf Act, Civil Court is competent to adjudicate the matter. So, the order of the trial Court as well as appellate Court be set aside. 4. Learned counsel for the petitioners has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Bhanwar Lal and Ors. v. Rajasthan Board of Muslim Wakf and ors. in civil appeal No. 7902/2013 decided on 09.09.2013 and in the case of Sardar Khan and ors. v. Syed Najmul Hasan (Seth) and ors. in civil appeal No. 1107/2007 decided on 28.02.2007. 5. v. Rajasthan Board of Muslim Wakf and ors. in civil appeal No. 7902/2013 decided on 09.09.2013 and in the case of Sardar Khan and ors. v. Syed Najmul Hasan (Seth) and ors. in civil appeal No. 1107/2007 decided on 28.02.2007. 5. None has put in appearance for the respondents. 6. I have considered the arguments advanced by learned counsel for the petitioners and perused the impugned orders. 7. It is an admitted position that the petitioners had filed the suit for permanent injunction in the year 1971. Wakf Act came to existence in the year 1995. As per Section 7(5) of the Wakf Act, if subject matters are pending before the Civil Court prior to commencement of the Wakf Act, then Civil Court is entitled to adjudicate the matter. So, in my considered opinion, trial Court as well as Appellate Court had committed an error in allowing the application filed by the respondent No. 1 under Order 7, Rule 10 CPC and Section 85 of the Rajasthan Wakf Act, 1995. So, order of the trial Court as well as Appellate Court deserve to be set aside. 8. The revision petition filed by the petitioners is allowed. The order dated 16.05.2006 passed by the Appellate Court and the order dated 11.09.2001 passed by the trial Court are set aside. Trial Court is directed to decide the suit filed by the petitioners within six months from the date of receipt of a certified copy of this order in accordance with law.