Kailas Appa Yeole And ORS v. Abdul Khaliq Mohammad Musa And ORS

1 C.A. (Review) 42.2011 in C.R..A. 70.2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

914. RA/42/2011 In CRA/70/2010 KAILAS APPA YEOLE AND ORS V/S ABDUL KHALIQ MOHAMMAD MUSA AND ORS .....

Mr.SHINGARE K F,Advocate for Applicant.

.....

CORAM : T.V.NALAWADE, J.

DATE : 5th MAY, 2016 ORAL ORDER :- .

Heard learned counsel for the applicant. He produced copy of Order made by the Presiding Officer, Waqf Tribunal on Exh. 79 in Waqf Suit No. 12/2003 dated 18/03/2016. At Para No. 8, the Tribunal has observed that the previous report being one sided can not be used and no notice was given to the plaintiff and behind the back of the plaintiff, Court Commissioner paid the visit. The Tribunal has held that if the parties desire, they can move for appointing Court Commissioner for inspecting suit site in presence of both sides.

2 C.A. (Review) 42.2011 in C.R..A. 70.2010.odt 2.

In view of this observation made by the Tribunal, this Court holds that it is not possible to review the order made by the other Hon'ble Judge.

3.

With such liberty, Review Application stands rejected.

[T.V.NALAWADE, J.] KNP/C.A. (Review) 42.2011 in C.R..A. 70.2010.odt