1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11311 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11311 OF 2010 *** 1. Heard learned counsel Shri Patni for the Petitioner, Shri M.B.W. Khan for Respondent Nos.1 and 2 and Shri M. S. Chaudhari for Respondent No.3. 2. Contention of petitioner is, suit property is not a Wakf property at all and adjudication vide judgment dated 30th June, 2004 in Wakf Suit No.20 of 2003 by Maharashtra Wakf Tribunal is itself final in this respect. 3. Respective counsel for Respondents have raised an objection to tenability of this writ petition pointing out that the statutory remedy of approaching the Tribunal under section 83 is available to the petitioner because of provisions of Section 54 (4) of the Wakf Act, 1995. 4. Shri Patni has pointed out that provisions of section 89 contemplate previous 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11311 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. notice of two months before institution of such suit before the Tribunal. He states that the petitioner needs urgent order to protect his possession and in any case in the light of previous adjudication this Court should interfere in the matter. 5. Contention of both counsel in reply is, the entire area of property is not adjudicated to be non-wakf property. 6. As statutory remedy of filing suit is available to petitioner, I am not inclined to interfere in the matter. Respective counsel for Respondent Nos.1 to 3 state that the Respondents will not insist for previous statutory notice as required by section 89 and that requirement is waived by those respondents. They also have no objection if interim order already operating is continued for three weeks and petitioner is permitted to approach the Tribunal. 7. In view of this position, it is not 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11311 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. necessary for this Court to adjudicate the controversy. Interim order already operating is continued for period of three weeks from today. Petitioner shall file appropriate proceedings in the Tribunal, in the meanwhile, with advance copy to the Respondents. Petition is accordingly disposed of with above directions. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/11311