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1. Mr. Habib Mohamad Yusuf Nawrangee And ANR. v. 1. Mr. Suhaib Paloba And ORS.

2015-03-30Hon'Ble Shri Justice M.S. Sonak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 523 OF 2007 Haji Salim Jindawali Seth Chaudhari & Ors.

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Applicants vs.

Ayyub Khan s/o. Mehruddin Pathan & Ors.

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Respondents AND CIVIL REVISION APPLICATION NO. 524 OF 2007 WITH CIVIL APPLICATION NO. 374 OF 2007 Gani Hussain Pathan & Anr.

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Applicants vs.

Maharashtra State Board of Wakfs & Ors.

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Respondents AND CIVIL REVISION APPLICATION (STAMP) NO. 22956 OF 2007 WITH CIVIL APPLICATION NO. 375 OF 2007 Mr. Habib Mohamed Yusuf Nawrangee & Anr.

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Applicants vs.

Mr. Suhaib Paloba & Ors.

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Respondents None for Applicants.

None for Respondents.

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CORAM : M. S. SONAK, J.

DATE: 30 MARCH 2015 P.C. :- 1] These Civil Revision Applications challenge the orders of the Wakf Tribunal.

2] This Court by its judgment and order dated 21 September 2011 in writ petition no. 2906 of 2004 and connected matters has issued extensive directions in the matter of constitution of Wakf Boards and functioning thereof.

3] Accordingly, in the light of the aforesaid judgment and order, it is necessary to set aside the impugned orders in the above civil revision applications made by the Wakf Tribunal and to remand the matters to the Wakf Tribunal for fresh decision in the light of the observations in the judgment and order dated 21 September 2011 made in writ petition no. 2906 of 2004.

4] Accordingly, the impugned orders made by the Wakf Tribunal are set aside and the matters are remanded to the Wakf Tribunal for fresh decision in accordance with law and in the light of the aforesaid judgment and order in writ petition no. 2906 of 2004 and connected matters.

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5] The Registry to remit the papers to the Wakf Tribunal and the Wakf Tribunal to issue fresh notices to the parties before proceeding with the matters. The Wakf Tribunal is also at liberty to make appropriate orders for maintenance of status quo, if the situation so warrants.

6] These Civil Revision Applications are disposed of in the aforesaid terms. There shall be no order as to costs. 7] In view of the disposal of the Civil Revision Applications, Civil Applications do not survive and are disposed of accordingly. (M. S. SONAK, J.) Chandka 3/3