Kamroddin Farooque Fasiuddin Farooque v. Osmani Mir Javed Ali Mir Sajed Ali

C.R.A.No. 49-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 49 OF 2021 Kamroddin Farooque s/o Fasiuddin Farooque .. Petitioner

Versus

Osman Mir Javed Ali Mir Sajed Ali .. Respondent Mr J.H. Deshmukh, Advocate for petitioner Mr S.B. Khan, Advocate h/f Mr M.Z.A. Khan, Advocate for respondent CORAM : SHRIKANT D. KULKARNI, J.

DATE : 13th July 2021 PER COURT :

1.

Heard Mr J.H. Deshmukh, learned Advocate for revision petitioner and Mr S.B. Khan learned Advocate holding for Mr M.Z.A. Khan, learned Advocate for respondent.

2.

Perused the impugned ex parte order passed below Exh.5 in Wakf Suit No.49 of 2021.

3.

On going through the impugned order, it is noticed that the Wakf Tribunal has passed ex parte order and directed the parties to the suit to maintain status quo until further orders.

4.

Having regard to the nature of order passed by the Wakf Tribunal, it would be just and proper to expedite the final hearing of Exh.5 in Wakf Suit No.49/2021 so as to avoid further complications in the suit. The Civil Revision Application can be disposed of by giving following directions to the Wakf Tribunal.

C.R.A.No. 49-2021

ORDER

The Maharashtra Wakf Tribunal at Aurangabad is hereby directed to conduct hearing of Exh.5 in Wakf Suit No.49 of 2021 expeditiously and decide the same on its own merits by giving an opportunity of hearing of being heard to both the sides, preferably within a period of one month from today.

5.

The Registrar (Judicial) is directed to forward copy of this order forthwith to the Maharashtra Wakf Tribunal at Aurangabad for information and necessary compliance of this order.

6.

Civil Revision Application stands disposed of accordingly. No order as to costs.

( SHRIKANT D. KULKARNI, J.) vvr