1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL REVISION APPLICATION NO.3 OF 2009 Shaikh Shabbir s/o Sk. Dastgir PETITIONER VERSUS Iliyas Khan s/o Sattar Khan & anr. ... RESPONDENTS ..... Shri J.H. Deshmukh, Advocate for the petitioner (absent) Shri Mujtaba Gulam Mustafa, Advocate for respondent No.1. ..... CORAM : S.P. DAVARE, J. DATED : 15th June, 2009. ORAL ORDER : 1. It is seen from the proceedings that the present Civil Revision Application was moved for admission by the petitioner on 15.4.2009 and Shri J.H. Deshmukh, Advocate for the petitioner as well as Shri Mujtaba Gulam Mustafa, Advocate were heard on the said date for considerable time. Thereafter, Shri J.H. Deshmukh, Advocate requested two days time to satisfy on the point that applications were made by the petitioner to police and District Magistrate for obstructing him from performing religious duties by the respondents in the Madrasa. The said request was granted and matter was adjourned to 2 17.4.2009 in the same category. 2. On 17.4.2009, nobody remained present for the petitioner. It was observed on the said date that Shri J.H. Deshmukh, Advocate did not take any steps for the compliance for which it was filed on the earlier date. However, Shri Mujtaba Gulam Mustafa, Advocate for respondent No.1 remained absent on the said date and on his request the matter was posted on 20.4.2009. 3. On 20.4.2009, Shri Qureshi, Advocate for respondent No.2 appeared and submitted that respondent No.2 intends to file reply. Moreover, Shri J.H. Deshmukh, Advocate for petitioner remained present on that day and sought time to satisfy on the point that applications were made by the petitioner to police and before the Magistrate for obstructing him from performing religious duties by the respondents in the Madarsa. However, it was observed that petitioner has not complied with the same so far and with the said observations, the matter was adjourned for one week. Thereafter on 27.4.2009 at the request of Shri J.H. Deshmukh, Advocate for the petitioner, matter was adjourned after Summer Vacation in the same category. 4. Accordingly, the matter is listed on today’s Board. However, nobody remained present for the petitioner in the morning 3 session. Hence, the matter was kept back at 2.30 p.m. However, although it is 3.45 p.m., Shri J.H. Deshmukh, Advocate for the petitioner is absent as well as nobody remained present for the petitioner. Thus, although Shri Deshmukh, Advocate sought adjournments from time to time since 15.4.2009 till today i.e. 15.6.2009, he has not complied with his assurance and did not produce any document/ copies of applications which were allegedly made by the petitioner to police and to the Magistrate in respect of his alleged obstruction in performing religious duties by the respondents in the Madarsa. 5. Besides, the impugned order has been passed by the learned Presiding Officer of Maharashtra State Wakf Tribunal, Aurangabad on Exh.5 (temporary injunction application), whereby the petitioner herein i.e. Defendant No.1 in the said suit and and his agents wee temporarily restrained from interfering into management of Mohamadiya Hanfi Arabi Dini Madarsa (Wakf institution) and praying Namaz 5 times, teaching, running the school in the suit property and the suit is still pending. Apparently, on perusal of the impugned order, there appears to be no perversity/ illegality and it also appears that the impugned order has been passed to protect the Wakf institution/ management by the plaintiff. Apart from the said position, it is the contention of the petitioner that he is the owner and possessor of the 4 Madarsa by way of sale deed dated 17.5.1999. However, it appears that the petitioner is only a President and office bearer of the said Madarsa and not beyond that and, therefore, the petitioner cannot be construed as owner and possessor of the Madarsa. 6. In the circumstances, this is not a fit case wherein the present Civil Revision Application is to be entertained and, therefore, the same stands summarily dismissed. (S.P. DAVARE, J.) fmp/cra3.09