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H.G.RAMESH, J. (Oral):

1. Learned counsel on both sides submit that as on the date of passing of the impugned order i.e. 11.11.2013, Section 87 of the Wakf Act, 1995 ('the Act') was not in operation as it was omitted by Wakf (Amendment) Act, 2013 (Act No.27 of 2013) with effect from 1.11.2013.
2. In view of the above, the impugned order is liable to be set aside and the matter requires to be reconsidered by the trial court as the trial court has dismissed the suit as not maintainable by relying on Section 87 of the Act though Section 87 of the Act was not in force as on the date of passing of the impugned order. Accordingly, I make the following order: