- : 1 : - C.R.A. NO.112 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.112 OF 2010 Dargha Hazrat Khairati Pir Banwadi, through its Member/ Trustee Shaifulla Shauktulla and another ... PETITIONERS VERSUS Pune Housing and Area Development Board and others ... RESPONDENTS ..... Shri S.S. Kazi, Advocate for the petitioners Shri D.B. Adwant, Advocate for respondent No.1. Shri M.G. Mustafa, Advocate for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st December, 2010 PER COURT: 1. Heard. An application under Order VII Rule 11 of the Civil Procedure Code was moved in a ongoing litigation by the petitioner, making a grievance that since the order of removal of encroachment was dated 4.6.2009, any challenge to the same should have been within 60 days in terms of Rule 53(3) of the Maharashtra Wakf Rules, 2003. The learned Judge has elaborately indicated these dates. One of them, was the receipt of the certified copy of the order on 3.7.2009. If this date is reckoned as the date of - : 2 : - C.R.A. NO.112 of 2010 communication or receiving copy, the presentation of petition on 24.8.2009 appears to be in limitation. These aspects are considered by the learned Judge. These may be prima facie observations, the parties litigating are at liberty to agitate and address the same before the learned Presiding Officer. The learned Presiding Officer shall also consider the objection for requirement of notice under Section 89 of the Wakf Act. It being so pleaded by the petitioner in their defence. With the above observations, since the order below Exh. 19 in Suit No.108/2009 does not call for interference, Civil Revision Application is dismissed. No costs. The observations are prima facie in nature. Learned Presiding Officer shall not entertain unreasonable accommodation to the respondents herein. K.U. CHANDIWAL JUDGE fmp/cra11210