1 WP No.4143/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4143 of 2010 WITH CIVIL APPLICATION NO.9 of 2003 Sheikh Hussain Abdul Jabbar & Anr ... Petitioners versus Abul Hasan Abdul Rahim & 11 ors. ... Respondents ... Mr. A.S.Jaiswal for the petitioner. Mr. C.R. Sonawane, AGP for respondent nos.11 to 13. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 27th September 2010 P.C. 1. Heard learned counsel for both the sides. 2. By this petition, petitioner challenges the order dated 6th December 2003 passed by Additional District Judge, Nagpur in Regular Civil Application No.9 of 2003. By that order, the learned District Judge has held that Hazrat Baba Tajuddin Trust to be a Wakf and has rejected the application filed u/s.41-E of the Bombay Public Trust Act for certain directions to the trustees. The same trust was declared to be a Wakf by 2 WP No.4143/10 an order dated 9th January 2004 made u/s.43 by the Wakf Board. That order was challenged in Writ Petition No.7171 of 2007. By our order made today, we have set aside that order. We have held that declaration that Hazrat Baba Tajudding Trust is a Wakf is not validly made. 3. In this view of the matter, therefore, the order impugned in the petition is set aside i.e. Order dated 6th December 2003 and regular Civil Application No.9 of 2003 is remanded back to the 2nd Addl. District Judge, Nagpur for denovo consideration and decision in accordance with law. 4. Rule made absolute accordingly. 5. Civil Application No.9 of 2003 does not survive. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)