Plaintiff invoked the jurisdiction of the Civil Court in the year 1996 -- Wakf Board and the appellant filed an application for transfer of the suit to the Wakf Tribunal – Though the Wakf Tribunal could not grant declaration as claimed by the plaintiff, but such objection cannot be permitted to be raised either by the Wakf Board or by the appellant as the order was passed by the Civil Court at their instance and was also upheld by the High Court -- Such order has thus attained finality inter-parties -- Parties cannot be permitted to approbate and reprobate in the same breath.

(SC) Decided on: 05.04.2021