Abdul Karim Akbar Deshmukh And ORS v. Karimbee Gulab And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

930 FIRST APPEAL NO.3017 OF 2016 WITH CA/1618/2001 IN FA/3017/2016 ABDUL KARIM AKBAR DESHMUKH AND OTHERS

VERSUS

KARIMBEE GULAB AND OTHERS ..........

Advocate for Appellants : Mr. Balaji S. Shinde h/f. Mr. V P Latange Advocate for Respondents no.02 & 03 : Mr. A.B. Kale Respondents no.04 & 06 dead Appeal abated & dismissed as against respondent no.05 ..........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 24TH JULY 2019 ORAL ORDER :

01.

Learned Advocate for the appellants submits that in view of the affidavit in reply filed on behalf of respondent no.08 on 11-10-2017, wherein it has been specifically mentioned that the Trust in respect of which the dispute was raised in the first appeal i.e. Jama Masjid Trust, Takalibhan, Taluka Shrirampur, District Ahmednagar, is transferred to Chairman, Maharashtra State Wakf Board, Aurangabad, vide office letter no.1862/2007, dated 28-12-2007, the appeal does not survive.

02.

Under such circumstance, the first appeal as well as civil application are disposed of as they do not survive.

( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / FA3017.16