Dudadhari@Kathada@Kagzipura Masjid Trust, Thr. Trustee Sayed Abdul Shakoor Sayed v. Uttam S/O. Nabhaji Mahale

31. CRA-38-2022.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 38 OF 2022 BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2022.03.14 17:06:51 +0530 Dudhari @ Kathada @ Kagzipura Masjid Trust and Others .... Applicants.

V/s Uttam S/o Nabhaji Mahale & Ors.

.... Respondents.

---- Mr. Rohit V. Pawaskar a/w Sana Baugwala i/by Yusuf S. Baugwala for the Applicants.

Mr. Girish Godbole wotj Sagheer A. Khan and Parth Zaveri i/b Judicare Law Associates for Respondent Nos. 1 to 7.

Mr. Abdul Hafeez Kotawala for Respondent No. 8 and 9. --- CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 11, 2022 P.C.:- 1] Having heard respective Counsels, since issue of applicability of the provisions of Civil Procedure Code to the proceedings before Waqf Tribunal can be inferred from sub-rule (5) of Section 83 of the Waqf Act, 1995, Mr. Godbole, learned Counsel for the Respondent Nos. 1 to 7 does not dispute that Tribunal can frame issues and decide the same in accordance with law. That being so, Revision Application stands allowed to the aforesaid extent only.

2] Tribunal is directed to frame issues based on rival claims and decide the same in accordance with law.

3] Revision Application stands disposed of in the aforesaid terms. ( NITIN W. SAMBRE, J. ) 1/1