1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL REVISION APPLICATION NO.85 OF 2008 Yusuf Khan s/o Bashir Khan Age 65 years, Occ. Pesh Imam, R/o Shahunagar, Jalgaon, District Jalgaon. ... PETITIONER VERSUS 1. Dawood Khan s/o Habib Khan, Age 85 years, Occ. Nil, R/o Noorani Masjid, Shahunagar, Jalgaon, District Jalgaon. 2. Maharashtra State Board of Wakfs, through Chief Executive Officer, Panchakki, Aurangabad. 3. Shaikh Usman s/o Sk. Madar, Age 50 years, Occ. Business, R/o Shahunagar, Jalgaon, District Jalgaon. ... RESPONDENTS ..... Shri G.D. Shaikh, Advocate for the petitioner Shri J.H. Deshmukh, Advocate for respondent No.1. Shri J.R. Shaikh, Advocate for respondent No.2. Shri S.S. Kazi, Advocate for respondent No.3. ..... 2 Coram : Shrihari P. Davare, J. Dated : 9th July, 2009. ORAL JUDGMENT : 1. Perused. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of learned respective counsel for the parties, Civil Revision is taken up for final hearing. 2. The petitioner (original defendant No.1) has challenged the correctness and legality of the order passed by learned Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad in Application No.23/2007 on 29.3.2008 in the present Civil Revision Application and requested to quash and set aside the same. 3. At the outset, the learned counsel for the parties invited my attention that vide order passed by this Court dated 30.4.2008, the respondent No.3 herein, who was not earlier made party in the present Civil Revision Application, was added as party respondent No.3 in the present Civil Revision Application. It is submitted that, the petitioner, respondent No.1 and respondent No.3 herein are the trustees of the trust namely Noorani Masjid Trust, situated at Shahunagar, Jalgaon. However, it is also pointed out that the respondent No.3 herein was not made party in Application No.23/2007 before the Presiding Officer, Wakf Tribunal, Aurangabad and he did not participate in the proceedings and without giving opportunity to the said trustee, the said Application No.23/2007 3 came to be decided on 29.3.2008. It is further submitted that the petitioner, respondent No.1 and respondent No.3 are the trustees of the above referred trust who are alive presently. 4. In view of the aforesaid position, it is apparent that the respondent No.3 herein was necessary party in the Application No.23/2007 and who is required to be given opportunity to contest the said application on merits. Hence, in view of the facts of the said matter, the impugned judgment and order dated 29.3.2008 passed by learned Presiding Officer, Wakf Tribunal, Aurangabad in Application No.23/2007 is required to be quashed and set aside and matter is required to be remanded back to the Presiding Officer, Wakf Tribunal, Aurangabad with directions to the respondent No.1 herein (who is the applicant in the said application) to implead respondent No.3 herein in the said application as party respondent and with further directions to the learned Presiding Officer, Wakf Tribunal, Aurangabad to decide the said Application No.23/2007 afresh after giving due opportunity to the respective parties to adduce/ produce documentary evidence and to make the necessary submissions, on its own merits as expeditiously as possible. 5. In the result, present Civil Revision Application is allowed and the impugned judgment and order dated 29.3.2008 passed by learned Presiding Officer, Wakf Tribunal, Aurangabad in Application No.23/2007 is quashed and set aside and matter is remanded back to the Presiding Officer, Wakf Tribunal, Aurangabad with directions to the respondent No.1 4 herein (who is the applicant in the said application) to implead respondent No.3 herein in the said application as party respondent immediately and with further directions to the learned Presiding Officer, Wakf Tribunal, Aurangabad to decide the said Application No.23/2007 afresh after giving due opportunity to the respective parties to adduce/ produce documentary evidence and to make the necessary submissions, on its own merits as expeditiously as possible, without being influenced by the observations made in the present order. Rule made absolute in above terms. (Shrihari P. Davare, J.)