IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.49 of 2008 ----------- 1. The Bihar State Sunni Wakf Board 34, Haj Bhawan, Ali Imam Path (Harding Road), Patna-800001, through the (Secretary) Chief Executive Officer. 2. The Secretary, now the Chief Executive Officer, BNihar State Sunni Wakf Board at S.P. Verma Road, P.S. Gandhi Maidan, Pastna, ASt present 34, Haj Bhawan, Ali Imam Path, (Harding Road), Patna- 800001. ……Defendants-Appellants-Petitioners. Versus 1. Md. Amber Yunus 2. Md. Babar Yunus 3. Md. Shahid Yunus 4. Zeba Yunus All sons and daughter of late Md. Yaqub Yunus All resident of Grand Apartment, 10th Floor, Frazer Road, P.S. Kotwali, Patna -800001. ….Plaintiffs-Respondents-Opp. Parties. ------- For the Petitioners : Mr. Farooque Moazzam, Advocate. For Opp. Parties : None. ------- 05/ 29.10.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by defendants- appellants-petitioners challenging order dated 05.05.2007, by which learned Additional District Judge-X, Patna allowed the application filed by plaintiffs-respondents-opposite parties for early hearing of the appeal on merits. 3. The matter arises out of Title Suit No. 398 of 1993, which was filed by opposite parties for declaration that neither any one of them was Mutawalli of any alleged waqf estate, nor the suit property constituted any waqf estate and hence the petitioners were not authorized to pass any order with respect to the suit property treating it as waqf property and for other ancillary reliefs. The said 2 suit was contested by the defendants, whereafter the suit was decreed, against which the opposite parties filed Title Appeal No. 54 of 1998. 4. It transpires that on an application of the plaintiffs- respondents order dated 25.05.2001 was passed by the learned court of appeal below restraining the defendants-appellants from interfering in the peaceful enjoyment of the suit property by the respondents till the disposal of the title appeal. Against the said order, the defendants-appellants filed M.A. No. 406 of 2001, which was dismissed as withdrawn by this Court vide order dated 11.02.2003 directing the lower appellate court to dispose of the said title appeal within six months thereafter. 5. It transpires that when even after the expiry of several years no step was taken by the lower appellate court for early disposal of the title appeal according to the specific direction of this Court, the plaintiffs-opposite parties filed an application dated 23.04.2007 in the learned court of appeal below for disposing of the title appeal as early as possible. This application has been allowed by the learned lower appellate court vide order dated 05.05.2007, which has been challenged by the defendants-petitioners in the instant civil revision. 6. Although learned counsel for the petitioners vehemently challenges the said order of the learned court of appeal below but it is quite apparent that the learned court of appeal below has to comply the specific order of this Court passed earlier, which it 3 has not yet complied and hence this civil revision is dismissed with a direction to the learned court of appeal below to expedite the disposal of the title appeal without giving any undue adjournment to any of the parties so that earlier order passed by this Court in the said miscellaneous appeal be complied without any further delay. MPS/ ( S. N. Hussain, J.)