:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL REVISION APPLICATION NO.85 OF 2007 CIVIL REVISION APPLICATION NO.85 OF 2007 CIVIL REVISION APPLICATION NO.85 OF 2007 Shri Shabbir Ahmed Shaikh ...Applicant. v. Shri Mumtaz Rehman Shaikh & Anr. ...Respondents. Shri Suresh M. Sabrad, adv. for the Appellant. Shri R.R.Salvi, adv. for the Respondent No.1. WITH WITH WITH CIVIL REVISION APPLICATION NO.142 OF 2007 CIVIL REVISION APPLICATION NO.142 OF 2007 CIVIL REVISION APPLICATION NO.142 OF 2007 Shri Muntaz Raheman Shaikh ...Applicant. v. The Chairman, Maharashtra State Board of Wakfs & Anr. ...Respondents. Mr.R.R.Salvi a/w Ms.Suvarna B. Telgote, advs. for the Applicant. Mr.S.M.Sabrad, adv. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 16th January, 2008. DATE: 16th January, 2008. DATE: 16th January, 2008. P.C. P.C. P.C. 1. The Chairman of the Maharashtra State Wakf Board had passed certain order removing one Muntaz Raheman Shaikh from the post of Mutawalli and appointed ad-hoc committee for the management of said Darga. That order was challenged by the said Muntaz Shaikh and the Wakf tribunal set aside that order holding that the Chairman was not competent to pass the order but while setting aside the order, the tribunal observed that it was trust property. Being aggrieved by setting aside of the order :2: of Chairman Maharashtra State Wakf Board, one Shabbir Ahmed Shaikh has filed Civil Revision Application No.85 of 2007 and Muntaz Shaikh has filed Civil Revision Application No.142 of 2007 against the observation that the property was trust property. 2. After some discussion at bar, revision applicant Shabbir Ahmed Shaikh seeks to withdraw Revision Application No.85 of 2007 with liberty to move the Wakf board to make fresh enquiry as per the procedure laid down by law. The learned counsel for the Muntaz Shaikh, who is applicant in Revision Application No.142 of 2007 also seeks to withdraw the revision application with request that the observations made by the tribunal are wiped out from the record. In my considered opinion when the tribunal came to conclusion that the Chairman was not competent to pass such order as the procedure laid down by the law was not followed, it was not necessary for the tribunal to pass any observation about the nature of the property. 3. In view of the above, both the Civil Revision Applications stand disposed off as withdrawn. The applicant Shabbir Shaikh shall be at liberty to move Wakf Board for appropriate action as per the law and if he makes such application within two weeks from this day, status-quo in respect of construction on that property shall continue for a further period of four :3: weeks from the date of making such application. The observations, if any, made by the tribunal in respect of the nature of the property shall not be taken into consideration by the Wakf Board or any other authority and the competent authority, which may be required to decide the question, may come to its own conclusion independently on merits. 4. Parties to act on an authenticated copy of this order. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)