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Bombay High CourtCRA/148/2018dismissedrule discharged

Dargha Hazarat Hadd-A-Kalam And Dargha Hazarat Hadd-A-Khurd T/H Its Committee Khuddamin-Sherfuddin v. Mabasshir Ur Raihman Ata Ur Raihman And Other

2019-10-17Hon'Ble Shri Justice R. G. Avachat2 pages

C.R.A. No.148/2018 (( 1 ))

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.148 OF 2018 Dargha Hazarat HaddA-Kalam And Dargha Hazarat Hadd-A-Khurd ...

APPLICANT

VERSUS

Mubasshir Ur Raihman s/o Ata Ur Raihman and others ...

RESPONDENTS .....

Shri P.F. Patni, Advocate for applicant Shri Saud A.N. Deshmukh, Advocate for respondent No.1 Shri Y.B. Pathan, Advocate for respondent No.2 .....

CORAM:

R.G. AVACHAT, J.

DATED :

17th OCTOBER, 2019.

O R D E R :

Heard. The challenge in this revision application is to the order dated 9.11.2016 passed by the Wakf Tribunal, below Exh.83, in Wakf Suit No.52/2008.

2.

The applicant herein had moved the said application, seeking his impleadment in Wakf Suit, being Suit No.52/2008. The applicant claimed to be a necessary party to the suit. 3.

The impugned order has been passed in November

C.R.A. No.148/2018 (( 2 )) 2016. The same has been challenged before this Court in July 2018, i.e. after little over one and half year of passing of the impugned order. Meanwhile, the suit proceeded. It is informed that, the suit has now been reserved for judgment.

4.

In this view of the matter, I am not inclined to interfere with the impugned order. If the applicant is found to be aggrieved by the judgment and decree that may be passed in the Wakf Suit No.52/2008, he may have his remedy open to challenge the same. The Civil Revision Application is dismissed.

(R.G. AVACHAT) JUDGE fmp/-