1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4361 OF 2010 (Muhammed Hamid s/o. Muhammed Hanif .vs. Abdul Sattar Ansari Imamuddin and Ors.) ___________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 20, 2010. Heard Mr.Shriniwas Deshpande, Adv. for the petitioner, Mr.R.J.Mirza, Adv. for respondent nos. 1 to 11 and Mr.A.S.Deshpande, Adv. for respondent no.12. The order dt. 16.8.2010 by which the Wakf Board has directed the Ad-hoc body to assume charge and to conduct elections has been questioned by the petitioner in an appeal u/s.83 of the Wakf Act, 1995. Admittedly, there is no provision for asking any interim relief and hence, this petition is filed. The contention of Mr.Mohd. Atteque, Adv. is that if interim relief is not granted, filing of appeal itself will be rendered infructuous. He states that if the elections are permitted to be conducted by the Ad-hoc body, complications will arise. According to Mr.R.J.Mirza, Adv. for respondent nos. 1 to 11, the Ad-hoc body has already started working and they have also sought necessary clearance for holding elections. He further argues that the appellate Tribunal could have disposed of the appeal by today. He also states 2 that the elections should be allowed to be conducted and can be subjected to the result of the appeal. Mr.A.S.Deshpande, Adv. for respondent no.12 Tribunal supports the arguments of Mr.R.J.Mirza, Adv. After hearing the parties, I find that the statutory remedy of filing appeal is being availed by the petitioners. If the elections are allowed to be conducted, third party interest may be created resulting in further complications. The parties, therefore, can be safely directed to maintain status quo as on today and the Tribunal can be directed to decide the appeal pending before it expeditiously. The respective Counsel to co-operate with the Appellate Tribunal in expeditious disposal of the appeal. The appellate Tribunal shall attempt to decide the appeal by 31.1.2011. The mater is already fixed before the Tribunal on 23rd December, 2010. The parties to communicate this order to said Tribunal and to abide by its directions thereafter till 31.1.2011. Parties to maintain status-quo as on today. With these directions, the petition is disposed of. No order as to costs. C.C. is expedited. JUDGE jais