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Bombay High CourtCAW/2083/2015dispossed offdismiss for default

Mirza Mubeen Ahmed S/O Mirza Musa Baig And Others v. The Chairman, Maharashtra Wakf Board, Aurangabad And 3 Others

2015-11-23Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice P.N. Deshmukh2 pages

23.11.WP.1994.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1994 OF 2015 (Mirza Mubeen Ahmed s/o Mirza Musa Beig & others .vs. The Chairman, Maharashtra Wakf Board & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Mohd. Moin, Advocate for petitioners, Mrs. S.S. Jachak, A.G.P. for respondent no. 3. Mr. A.C. Dharmadhikari, Advocate for respondent no.4. CORAM : B.R. GAVAI & P.N. DESHMUKH, JJ.

DATED : NOVEMBER 23, 2015.

The petitioners have approached this Court praying for a direction to the Administrator to hand over the charge of the Trust to the petitioners, i.e. elected councillors. The Administrator has been appointed in pursuance of the orders passed by this Court dated 29.3.2004. The Administrator was appointed to conduct the affairs of the Trust till the decision of the learned Tribunal. Though the learned Tribunal has decided the issue and held the Trust to be a Wakf, the said order has been challenged before the Principal Seat and the order of the learned Wakf Tribunal has been stayed. As a result thereof, the proceedings before the learned Wakf Tribunal have not become final.

In that view of the matter, we do not find that a case is made out for grant of any relief in the present petition. The petition is rejected

23.11.WP.1994.15 In view of the above order, C.A.W. Nos. 2083/15, 2203/15, 2204/15, 2231/15 and 2233/15 stand disposed of. Judge Judge J.