MOHD ANSAR SALIK Vs. SHAIKH HAMID BABUMIYA INAMDAR

JUDGEMENT

(1.) Heard, by consent, finally. Rule. Counsel for Respondents waives service.

(2.) An application under Section 36 of Wakf Act, 1995, was moved by the applicants herein with the Chief Executive Officer, Maharashtra State Board of Wakfs ( respondent no.25) ( hereinafter referred to as "C.E.O., Wakfs"), to register the property CTS No.395/A admeasuring 15.28 R. situate at Nana Peth, Pune, as a Wakf property ( hereinafter referred to as "the property"), to be in the name and style as Raj Mohammad Takiya of Nana Peth, Pune 2.

(3.) This order was challenged by present respondent nos. 1 to 23 by an application bearing No.28/2008 before the learned Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad. The present applicants submit, said proceeding was an abuse of process of law as the respondent staked claim to the said property as ancestral property in spite of earlier judgment of this Court. An application Exh.33 invoking provisions of Order VI Rule 16 and Order VII Rule 11A of C.P.C. was moved, thereby praying for striking of the pleadings and rejecting application no. 28/2008. The learned Presiding Officer of the Wakf Tribunal, by order dt.17.4.2009, rejected said application. The Civil Revision Application moved before this Court ( No.41/2009) is disposed of by this Court, keeping all points open.