MAQSOOD ALI MUTWALLI WAQF ALLAHTALA SHER ALI AND MOTI BEGUM MORADABAD Vs. U P SUNNI CENTRAL BOARD OF WAQFS LUCKNOW

JUDGEMENT

(1.) D. K. Seth, J. Sari Musahid All had filed this kppiication for substitution in place and $tead of deceased Maqsood Ali, the petitioner in the present writ petition. Shri Maqsood Ali participated in the writ petition in the capacity of Mutwalli in the Waqf creatjed by Sher Ali and Moti Begum, Moradabad, It is alleged by the applicant that he is the son of deceased petitioner and therefore he should be substituted. It ia not claimed that he has been appointed as Mutwalli in respect of the Waqf and that he was seeking his subs titution as Mutwalli of the Waqf property. However, by an ap plication dated 25-7-1997 filed on behalf of Sadat Ali, respondent No. 4, it is alleged that Shri Musanid Ali had already been appointed as Mutwalli on 29-1-1997.

(2.) BE that as it may, the application of Musahid for substitution is being allowed subject to objection that might be taken up by respondents. This substitution shall be treated only for the sake of deciding this writ petition and shall not be taken into account for the purpose of any decision by the Board if occasion so arises and the question relating to the rights of the respective parties would remain open for decision by the Board in accordance with law if it is so required to be decided, without being influenced by the substitu tion allowed in the present writ petition.

(3.) I have heard Shri V. M. Zaidi, learned Counsel for the petitioner and Shri A. N. Bhargava learned Counsel for contesting respondent at length.