1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL REVISION APPLICATION NO. 42 OF 2009 Masood Mustehasan Sabir Ali ...Petitioner VERSUS Alimoddin Rukhmoddin and others ...Respondents ..... Shri S.V.Gangapurwala, advocate for the petitioner Shri G.D.Shaikh, advocate for respondent nos. 1 and 2. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 24th June, 2009. ORAL JUDGMENT : 1. Perused. 2. Rule. Rule made returnable forthwith. By consent of learned counsel for the parties, taken up for final hearing. 3. By the present Civil Revision Application, the petitioner 2 herein has challenged the order dated 8.4.2009 passed by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad in Application No. 42 of 2008 under Section 83 (2) of the Wakf Act, 1995, thereby rejecting the production of documents at Sr. Nos. 1 and 2 filed along with application Exh.26 in the application No. 42 of 2008 pending before the learned Presiding Officer, Wakf Tribunal, Aurangabad. Learned counsel Shri Gangapurwala for the petitioner made submission that documents at Sr. Nos. 1 and 2 sought to be produced by the petitioner in the said application are the public documents, since document no.1 is order of the Chief Executive Officer passed on 20.1.2007 and document no.2 is copy of Exh. 5 in the order therein in the other proceeding before the Wakf Tribunal, Aurangabad and, therefore, the petitioner be permitted to produce the said documents in the said proceeding. 4. To counter the said argument Shri G.D.Shaikh, learned counsel for respondent nos. 1 and 2 stated that although the said documents, which are sought to be produced, are public documents, there is no pleading in respect of said documents in the application before the Tribunal and, therefore, the said documents were rightly rejected by the learned Presiding Officer of the Tribunal. 3 5. Considering the rival submissions, although the petitioner/applicant has not made pleading in the application before the learned Presiding Officer, Wakf Tribunal, Aurangabad, in respect of documents at Sr. Nos. 1 and 2 as mentioned hereinabove, both the documents are public documents, which apparently are not permitted to be produced and, therefore, the said documents are required to be permitted to be produced in the said application in the interest of justice subject to their admissibility, proof and legality. Moreover, simultaneously the learned counsel for the respondents is also required to be permitted to make submissions in respect of said documents at the time of hearing of the said application before the learned Presiding Officer, Wakf Tribunal, Aurangabad and accordingly with the said directions, the present Civil Revision Application can be disposed of. 6. In the result, the petitioner/applicant is permitted to produce documents at Sr. Nos. 1 and 2 filed along with application Exh.26 in the application No. 42 of 2008 pending before the learned Presiding Officer, Wakf Tribunal, Aurangabad, subject to their admissibility, proof and legality. Simultaneously, the learned counsel for the respondents is permitted to make 4 submissions in respect of said documents at the time of hearing of the said application. It is made clear that the learned Presiding Officer, Wakf Tribunal, Aurangabad shall not be influenced by the afore said observations while deciding the said application on merits and admisibility, proof and legality of the said documents are kept open for agitation. 7. Civil Revision Application stands disposed of in the afore said terms. Rule is made absolute accordingly. (S.P. DAVARE, J.) dbm/cra42.09