1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.244 of 2004 Naziruddin alias Miyanbhai s/o Riyazoddin, age 65 years, Occupation Service Pesh Imam Resident of Qilla Beed, Taluka District, Beed. ...PETITIONERS (Original Defendant) VERSUS Shaikh Karimoddin s/o Yousufuddin, aged 50 years, Occupation business, Resident of Masoom Colony Beed, Taluka District Beed. ...RESPONDENT (Original plaintiff) ... CORAM: K.U.CHANDIWAL, J. DATE: 23/11/2010 *** PER COURT : 1. Counsel for the revisional applicant and respondent absent. 2. On 4.3.2005 Rule was issued without any interim relief in favour of the revisional applicant. By order dt.16th Sept.,2004, the order of the learned Civil Judge,Junior Division, passed below Exh.23 in RCS No.356/2003 was set aside. The plaintiff asserted to be a tenant of 2 Maharashtra Wakf Board and the District Wakf Board. The property belongs to Wakf. The plaintiff claims to be running a tea stall at the suit place. The defendant informed the Court that it had no jurisdiction to try and entertain the suit by making an application under Section 9-A of C.P.C. and said application was allowed. Considering establishment of a Tribunal to decide all the questions involving Wakfs, the order in RCS No.356/2003, passed below Exh.23 cannot be said to be illegal or perverse. The order of the learned District Judge, allowing the appeal and remitting the matter to the learned Civil Judge, Junior Division, to consider it afresh, in RCS No.356/2003, was uncalled for. Civil Revision Application allowed. The order dt.16th Sept.,2004, is set aside. Rule made absolute accordingly. (K.U.CHANDIWAL) JUDGE agp/244-04cra 3