THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU SECOND APPEAL NO.287 OF 1999 JUDGMENT: Subject matter of this second appeal relates to muthawalliship of Panje Shah Dargah of Hyderabad. Mir Rounaq Ali filed O.S.No. 286 of 1974 and Nawab Mir Barkat Ali Khan filed O.S.No.327 of 1973 claiming muthawalliship as against Mir Turab Ali Nazafi in the trial Court. Both the suits were tried together by the trial Court and Rounaq Ali’s suit was dismissed and Barkat Ali Khan’s suit was decreed by the trial Court by common judgment. Rounaq Ali Khan filed A.S.No.177 of 1992 and Turab Ali Khan’s son Mir Alam Imam filed A.S.No.161 of 1992 in the lower appellate Court. By that time Turab Ali Khan was no more. The lower appellate Court allowed both the appeals. While allowing both the appeals, the lower appellate Court appointed Mir Rounaq Ali as muthawalli of the suit institution tentatively for a period of three years subject to the judgment of the lower appellate Court passed on 30.12.1998. Questioning the said appointment of Rounaq Ali Khan, this second appeal is filed by Mir Alam Imam/3rd defendant who is son of Mir Turab Ali Khan. Since appointment of Rounaq Ali Khan was only for three years from 30.12.1998, this second appeal has virtually become infructuous. It is stated by the appellant’s counsel that pending the second appeal Mir Rounaq Ali Khan also died. In case there is any person claiming for muthawalliship of the suit institution, his remedy is to proceed as provided under Wakf Act 1995. Hence, the second appeal is dismissed as infructuous. ____________________ SAMUDRALA GOVINDARAJULU, J 20th March, 2013. Dv/Rns