Mansur Ahmed Khurshid Ahmed Zuberi And Other v. Ahesasuddin Ghiasuddin (Gayasoddin) And Other

916 CRA 88 OF 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 4418 OF 2019 IN CRA/88/2018 MANSUR AHMED KHURSHID AHMED ZUBERI AND OTHERS

VERSUS

AHESASUDDIN GHIASUDDIN (GAYASODDIN) AND OTHERS ...

Advocate for Petitioners : Mr. Tungar Hrishikesh V Advocate for Respondent Nos. 1 : Kazi Fatema S. Advocate for the Respondent No. 2-I to 2V : Mr. Akram Inamdar h/f Mr. M. N. Shaikh.

CORAM

: MANGESH S. PATIL, J.

DATE : 05.04.2022.

PER COURT :

Heard.

2.

This is an application for bringing on record the legal representatives of the respondent No. 2. The proposed legal representatives have been duly served but no reply has been filed by them.

3.

Learned advocate Ms. Fatema Kazi for respondent Nos. 1 and 3 opposes the application on the ground that this is a revision under Section 83 of the Wakf Act, 1995. The suit property has been held to be a Wakf property and there is no necessity to bring on record the legal representatives of the respondent No.2 who was merely a trustee. 4.

The question as to whether the suit property is a wakf property or not is still sub judice before this Court in the present proceeding. Keeping open all the issues, the application is allowed and the legal representatives of the respondent No. 2 are allowed to be brought on record. 5.

The Application is disposed of. Necessary amendment to be carried 1/2

916 CRA 88 OF 2018.odt out within two weeks.

6.

List the matter on 14.06.2022. Interim relief to continue till then. (MANGESH S. PATIL, J.) mkd/- 2/2