The Gram Panchayat, Dindrud Thru. Its Sarpanch Kamalbai Dagadu Surwase v. Dargah Hazrat Osman Shah Wali And Graveyard, Dindrud Thru. Lrs Of Mutawalli Ilias N Shaikh And ORS

1 37 cra 248.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 248 OF 2025 The Gram Panchayat, Dindurd Through its Sarpanch Kamalbai Dagadu Surwase .. Applicant

Versus

Dargah Hazrat Osman Shah Wali and Graveyard, Dindurd through L.Rs. of Mutawalli Ilias N. Shaikh and others .. Respondents Shri Swapnil Joshi and Shri Swapnil Patunkar, Advocates i/by J. P. Legal Associates, Advocate for the Applicant. Shri Javed Abdul Hameed Deshmukh, Advocate for the Respondent Nos. 1 to 3.

Shri N. E. Deshmukh, Advocate for the Respondent No. 4. CORAM : SHAILESH P. BRAHME, J.

DATE : 25TH NOVEMBER, 2025.

ORDER :

.

Learned counsel for the applicant seeks leave to convert civil revision application into first appeal. In view of amendment in the Waqf Act, first appeal would lie against order impugned. Leave is granted to convert revision into first appeal. Necessary amendment shall be carried out. Remove from the board. 2.

This Court has come across various matters arising out of the judgment and order passed by the Waqf Tribunal, in which appeal would lie as per the amended Sec. 83(9) of the Waqf Act.

2 37 cra 248.25 However, there is no separate category of the appeal to be preferred against Waqf Tribunal's judgment and order. The Registrar will have to make arrangement for maintaining register or making necessary modifications in the software to provide for new category. The nature of the appeal also needs to be ascertained.

3.

This order may be brought to the notice of the Registrar (Judicial) of this Court and competent officers so as to take steps in view of the supervening events, so as to help the advocates and ligitants.

[ SHAILESH P. BRAHME J. ] bsb/Nov. 25