1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10566 OF 2009 Philomena Kaitan Furgose and others ...Petitioners v/s The Chief Executive Officer, Maharashtra State Wakf Board and ors. ...Respondents Mr S.P. Bharti for Petitioners. Mr M.H. Solkar for Respondent No.3. Mr S.N. Patil, AGP for Respondent No.4. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 9TH MARCH 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] Following can be taken as admitted position. An order dated 17th July 2009 was made by the learned Executive Officer of the Wakf Board asking the petitioners to vacate the land which the petitioners were occupying and using it for residential purpose. Against that order, admittedly, the petitioners have filed application before the Wakf Tribunal. That appeal is admittedly pending. The petitioners had filed an application for stay of the eviction order during the pendency of the appeal, however, unfortunately that application has been rejected by the Tribunal by order dated 19th December 2009. That order is also challenged in these proceedings. In our opinion, considering that the validity or otherwise of the order passed by the Chief Executive Officer directing the petitioners to vacate the premises 3 itself is challenged in appeal before the Wakf Tribunal and as the petitioners are admittedly in possession of the land and using it for residential purpose, in our opinion, it would have been appropriate if the Tribunal had directed the parties to maintain status-quo in so far as the possessory aspect is concerned during the pendency of the appeal. In these circumstances, therefore, in our opinion, following order would meet the ends of justice. 3] The Wakf Tribunal is directed to hear an dispose of the appeal as expeditiously as possible and in any case within a period of six months from today. 4] During the pendency of the appeal and for a period of four weeks after the decision in the appeal, the parties shall maintain status-quo in relation to the property which is subject matter of the appeal pending before the Tribunal. Rule is made absolute accordingly with no order as to costs. 4 We have made this order for the purpose of disposing off the petition and we have not made any observations in so far as merits of the matter pending in appeal are concerned. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )