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Bombay High CourtCA/3133/2024dismissed

Marathwada Wakf Board Thr Its Administrator, Aurangabad v. Vijaykumar Styanarayan Agroya

2024-03-28Hon'Ble Shri Justice Sandipkumar C. More2 pages

916 CA-3133-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 3133 OF 2024 IN SECOND APPEAL NO. 222 OF 1992 WITH SECOND APPEAL NO. 222 OF 1992 WITH CIVIL APPLICATION NO. 3316 OF 2024 IN SA/235/2010 WITH SECOND APPEAL NO. 235 OF 2010 WITH CIVIL APPLICATION NO. 7830 OF 2023 IN SA/235/2010 MARATHWADA WAKF BOARD THROUGH ITS ADMINISTRATOR AURANGABAD

VERSUS

VIJAYKUMAR SATYANARAYAN AGROYA ...

Mr. S.S. Kazi - Advocate for Appellant Mr. V.S. Badakh - AGP for Respondent, State Mr. B.R. Warma - Advocate for sole Respondent in S.A. No. Mr. S.V. Dixit - Advocate for Respondent No.5 in S.A. No.235 of Mr. R.P. Adgonkar - Advocate for Respondent Nos.6/2/1 to 6/2/4, 6/3, 6/4, 7 to 11 in C.A. No.7830 of 2023 Mr. T.M. Venjane h/f. Mr. A.M. Reddy - Advocate for Appellants in C.A. No.7830 of 2023 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 28th March, 2024.

PER COURT :

1.

Despite direction the learned Counsel for appellant did Pooja K.

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916 CA-3133-2024 not submit substantial questions of law separately. However, today he submits that, ground Nos.10 and 15 involves substantial question of law.

2.

On going through those grounds this Court finds that, there is only one substantial question of law is involved, which is as follows:

(a) Whether the learned First Appellate Court not properly appreciated the definition of Wakf in respect of suit land which also includes Mashratual Kidmat grants ?

3.

In view of the same, the appeal itself is fixed for final hearing on 18th April, 2024 at 2:30 p.m. alongwith the pending Civil Applications.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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