FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL REVISION APPLICATION NO.75/2009 Shri S.V.Gangapurwala,Adv.for petr. Shri S.A.G.Qureshi,Adv.for Respondent no.1 Shri S.P.Deshmukh,Adv.for Respondent no.2. .... CORAM : R.K.DESHPANDE,J. DATE : 03/12/2009. 1] This Civil Revision Application challenges the order dated 4/6/2009 passed by the learned Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad rejecting Suit No.52/07 filed by present appellant who is the original plaintiff, under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that no notice as required by Section 89 of the The Maharashtra State Board of Wakfs Act, 1995 (hereinafter referred to as the Wakfs Act for short) was issued by petitioner before institution of the suit. 2] Heard learned counsel for respective parties. Parties agree that the matter can be decided finally at this stage. 3] Admit. Learned counsel appearing for respective parties waive service of notice and matter is heard finally. 4] The question whether the suit filed by the petitioner is maintainable for want of issuance of notice under Section 89 of the Wakfs Act, in my opinion, is required to be considered by this Court. However, if the instant matter is kept pending, then it would act to the detriment of the respondents and hence this matter can be disposed of by leaving the question open and directing the Tribunal, to decide all the issues together by framing the issue as to maintainability of the suit for want of notice under Section 89 of the Wakfs Act. 5] In view of above, the impugned order dated 4/6/09 passed by learned Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad dismissing the suit No. 52/07 on the application under Order 7 Rule 11(d) of C.P.C. for want of requisite notice under Section 89 of the Wakfs Act is quashed and set aside. The mater is remitted back to be decided by the Tribunal on merits as well as on the point of preliminary objection as to maintainability of the suit for want of notice under Section 89 of the Wakfs Act. The Tribunal shall frame issue and decide the matter in accordance with law. The Tribunal shall be at liberty to record its findings on the preliminary issue, without being influenced by the order passed by this Court. Civil Revision Application is allowed. No order as to costs. (R.K.DESHPANDE, J.) umg/cra75-09