Civil Courts Can Hear Waqf Property Disputes If No Tribunal Exists: J&K High Court

The Jammu & Kashmir High Court ruled that civil courts can entertain Waqf property disputes in the absence of a Waqf Tribunal under Section 83 of the Waqf Act.

The bench dismissed a revision plea challenging a trial court’s decision allowing a suit concerning Waqf property in Srinagar, emphasising that the tribunal's absence prevents the bar under Section 85 from applying.

The Court added that once a tribunal is set up, pending cases should be transferred to it to ensure proper adjudication.