Karim Gul Mohammad Pathan v. Maharashtra State Board Of Wakf Through Its Ceo And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL REVISION APPLICATION NO.17 OF 2018 KARIM GUL MOHAMMAD PATHAN

VERSUS

MAHARASHTRA STATE BOARD OF WAKF THROUGH ITS CEO AND OTHERS WITH CA/13735/2018 IN CRA/17/2018 WITH CA/7178/2019 IN CRA/17/2018 ...

Advocate for Applicant : Mr. R.N.Dhorde (Sr.Counsel) i/b Mr. Shaikh Mujtaba Gulam Mustafa.

AGP for Respondent-State : Mr. K.B.Jadhavar.

Advocate for Respondent No.1 : Mr. Pathan Yunus Basheer. Advocate for Respondent No.8 : Mr. S.S.Kazi.

...

CORAM : V. K. JADHAV, J.

DATE : 05.02.2020 PER COURT :- 1.

The applicant has instituted the suit bearing Wakf Suit No.172 of 2017 before the Wakf Tribunal, Aurangabad for declaration and injunction and during pendency of the suit, the applicant-original plaintiff has filed an application Exh.5 for issuance of the order of temporary injunction. The Wakf Tribunal, Aurangabad by order dated 16.11.2017, below Exh.5 rejected the application and therefore, the Civil Revision Application has been preferred.

2.

By order dated 07.03.2018, this Court has directed the parties to maintain status quo. This Civil Revision Application can be disposed off with consent directing the parties to maintain the status quo in terms of the order passed by this Court dated 07.03.2018 till the disposal of the suit and the Wakf Tribunal, Aurangabad can be directed to dispose off the suit, as expeditiously as possible, in a time bound manner. The learned counsel appearing for the applicant and the learned counsel appearing for the contesting respondents agree for the same.

3.

In view of the same, I proceed to pass the following order :

ORDER

(I) The Civil Revision Application No.17 of 2018 is disposed off in the following terms :

(a) The Wakf Tribunal, Aurangabad shall dispose off the pending suit bearing Wakf Suit No.172 of 2017, as expeditiously as possible, preferably within a period of six (6) months from the date of this order.

(b) The parties shall maintain the status quo till the disposal of the suit in terms of the order passed by this Court on 07.03.2018.

(II) Civil Revision Application is accordingly disposed off. (III) Both Civil Applications are accordingly disposed off. (V. K. JADHAV, J.) ...

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