CW-6573/09 -Mohammed Ali Sheikh Vs. The Chairman, Vidhyut Vitran Vibhag & Ors. Judgment dt.4.9.09 1/2 S.B. CIVIL WRIT PETITION NO.6573/2009 Mohammed Ali Sheikh Vs. The Chairman, Vidhyut Vitran Vibhag & Ors. Date of order : 4th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Muktiyar Khan for the petitioner. ------- Heard learned counsel. By the impugned order dated 28.5.2007, the learned trial court rejected the application under Order 22 Rule 10 C.P.C. filed by one Mohammed Ali Sheikh, who claimed to be Mutwally. Learned trial court has said that since the Waqf Tribunal had held against the present applicant, therefore, he could not be substituted in place of Khaj Bux, who expired on 14.8.2006 in the suit filed by him. Learned counsel for the petitioner submits that though CW-6573/09 -Mohammed Ali Sheikh Vs. The Chairman, Vidhyut Vitran Vibhag & Ors. Judgment dt.4.9.09 2/2 the petitioner challenging the said order of Waqf Tribunal which is pending at Jaipur Bench of this Court, however, there is neither any stay order staying the operation of the said order of Tribunal nor the same has been set aside. In view of this admitted position, the learned trial court cannot be said to have committed any error in rejecting the application under Order 22 Rule 10 C.P.C. As and when such petition against the said order of Waqf Tribunal is allowed in favour of the applicant, he would be at liberty to file appropriate application before the learned trial court. With these observations, this writ petition is disposed of. No order as to costs. Copy of this judgment be sent to opposite party. [ DR. VINEET KOTHARI ], J. item No.1 babulal/