IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION REVIEW REVIEW REVIEW PETITION NO. 11 OF 2008 PETITION NO. 11 OF 2008 PETITION NO. 11 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.318 OF 1979. APPEAL NO.318 OF 1979. APPEAL NO.318 OF 1979. Smt. Hirabai Shvayya Swami. ..Petitioner. versus Sayed Sajjad Husen Saheb Husen Jagirdar and Others. ..Respondents. .... Mr.P.K. Dhakephalkar, i/b. Niranjan P. Shimpi, for the Petitioner. Mr. Y.H. Mucchala, i/b. M.B. Patne, for the Respondent. Mr.Y.M. Muchala with Hansa Advani, Sagheer Khan, Farool Chudhare, Javed Patel, i/b. M.B.Patne, for the Respondent No.1. .... CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 5TH SEPTEMBER, 2008. : 5TH SEPTEMBER, 2008. : 5TH SEPTEMBER, 2008. P.C.: P.C.: P.C.: 1. The learned Senior Counsel appearing for the Review Petitioner in the Review Petition is the second Respondent in the First Appeal which has been decided by the Judgment and order dated 2nd May 2008. 2. The learned Senior Counsel appearing for the Review Petitioner submitted that merely on production of a certificate showing registration as Wakf under the Wakf Act, 1995, the orders passed by the Authorities under the Bombay Public Trusts Act, 1950 are not null - 2 - and void unless and until it is established that the registration under the Act of 1995 has been granted after following the procedure which is required to be followed under the said Act of 1995. He submitted that if an opportunity would have been given, the Review Petitioner could have established that the registration as a wakf was null and void as mandatory provisions of the said Act of 1995 were not followed. He submitted that the direction of the Division Bench of this Court in Writ Petition No.2205/1999 cannot be construed to mean that the registration under the said Act of 1995 could have been granted without complying with the requisite legal procedure. He submitted that in any case, the order of Division Bench is not binding on the Review Petitioner as the Review Petitioner was not a party to the Writ Petition. He submitted that whether the registration as a wakf under the said Act of 1995 is legal and proper as a matter of evidence and there was an opportunity available to lead evidence to the Petitioner and contesting Respondents. He, therefore, seeks review of the Judgment and Order dated 2nd May 2008. 3. I have carefully considered the submissions. It - 3 - is not in dispute that a certificate of registration under the said Act of 1995 was issued by the Authority concerned. The registration was granted in the light of order dated 4th September 2003 passed by the Division Bench of this Court in Writ Petition No.2205/1999. The first appeal arose out of proceedings relating to the registration as a composite trust under the provisions of the Bombay Public Trusts Act, 1950 in the first appeal arising out of proceedings under the Act of 1950 which is in the nature of second appeal. The issue regarding the legality and validity of registration under the said Act of 1995 could not have been gone into and so long the registration stands the same will override the registration under the said Act of 1950. Therefore, the inquiry the legality and validity of the registration as a Wakf was not within the scope of the first appeal which was governed by the section 100 of the Code of Civil Procedure, 1908. 4. Apart from this, right of the Respondents in the appeal of adopting appropriate proceedings as regards registration in the said Act of 1995 has been protected by the judgement in the first appeal as is apparent from paragraph no.20 of the judgment. - 4 - 5. In the circumstances, no case is made out for review. The Review Petition is rejected. 6. On the prayer made by the Senior Counsel appearing for the Petitioner, ad-interim relief on stay will continue to operate for a period of ten weeks from today. [ A.S.OKA,J.] A.S.OKA,J.] A.S.OKA,J.]