1 CRA No.9/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRA NO.9 OF 2011 SANTOSHIBAI PRAKASHCHAND SANKHLA VERSUS KHADER AHMED KHAN MOHD MUNAWAR KHAN L RS. NAJMA BEGUMKADEEP AHMED KHAN AND ORS ... Advocate for Petitioners : P N Walujkar Amol Mr.Md.Waseem, Adv. h/for Mr. SS Kazi, Adv. for Resp.Nos.1-I to 1-III; Mr.YB Pathan, Adv. for Resp.No.2 ***** CORAM : K.U.CHANDIWAL, J. DATE : 28th NOVEMBER, 2011. PER COURT : 1) Heard learned Counsel for the revision applicant. 2) An application was made by the plaintiff for withdrawal of the suit with liberty to file fresh suit on same cause of action, it was rejected by learned Presiding Officer of the Wakf Tribunal, the same is questioned in this CRA. 3) While rejecting the prayer, the learned Presiding Officer has considered the provisions of limitation applicable in terms of Section 54 of the Wakf Act, 1995, which provides limitation of sixty days. 4) Needless to indicate, if the plaintiff is in a position to satisfy that his action is 2 CRA No.9/2011 within limitation, proper remedies under the law can be permitted to be exhausted. For that purpose, while allowing the suit to be withdrawn, liberty ought to have been granted to file a suit as this would have been decided by the appropriate forum in contemplated proceedings. 5) With these observations, the Civil Revision Application is allowed. (K.U.CHANDIWAL) JUDGE bdv/