The appellants are the plaintiffs in O.S.No.210 of 1990 on the file of the Additional Sub Court, Kollam, which was one filed mainly seeking a declaration that half of the plaint schedule property belongs to the 1st plaintiff; for partition of the plaint schedule property between the plaintiff and the 1st defendant; and for other consequential reliefs. The plaintiffs filed I.A.No.996 of 2001 for return of the plaint for proper presentation before the Wakf Tribunal, Kollam, in view of the bar under Section 85 of the Wakf Act, as the civil court has no jurisdiction to entertain O.S.No.210 of 1990. I.A.No.996 of 2001 was allowed by the order dated 24.03.2001. Seeking review of that order, the 1st respondent-1st defendant filed I.A.No.1180 of 2001, by contending that since the existence of a valid Wakf is under challenge, the Wakf Tribunal has no jurisdiction to try and decide that question involved in the suit. It was also contended that, as the suit was pending when the Wakf Act, 1995, came into force, the jurisdiction to decide the question is vested on the civil court itself and the suit is not liable to be transferred to the Wakf Tribunal. In I.A.No.1180 of 2001, the Additional Sub Court passed the impugned order dated 10.07.2002, whereby that
