1 CIV.R.A. NO.301/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 301 OF 2011 HAJI YUSUF HAJI TAYYAB JUMMANI VERSUS JAWAHAR MASJID MARKED TRUST JAWAHAR SUNNIK JAMAT MASJID JAWHAR THANE AND ORS ... Advocate for Petitioners : Mr.Kazi S.S. AGP for Respondents No.18 and 19 :Mr. M.A.Khan. ... CORAM : K.U. CHANDIWAL, J. Dated: December 22, 2011 ... PER COURT :- 1. Heard both the learned Counsel extensively. 2. Rejection of Exh.5 in Wakf Suit No. 63/2010 by order dated 17/10/2011 by the learned Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad, is questioned. 3. Indeed, the learned Presiding Officer has attempted to protect the interests of appellant as plaintiff by directing defendant nos. 18 and 19 therein ( respondent nos. 18 and 19 in the revision application) to deposit an amount of Rs.1,00,000/- (Rs. one lac) in the account of defendant no.1, which deposit will be subject to final decision of the suit. 2 CIV.R.A. NO.301/2011 4. The situation at the site that emerged illustrated that three storied R.C.C. structure is raised by respondent nos. 18 and 19. Mr.Khan, learned Counsel for respondent nos. 18 and 19, submits, in the area of ground floor, he resides, and the construction is under valid permission of the competent authorities. 5. The ownership of the property to respondent no.1 is questioned as respondent nos. 18 and 19 alleged that the share of such respondent no.1 could not be absolute but, a meager share and, therefore, the plaintiff being adversely interested in the property, should not be allowed to perpetuate his cause of harassment to the defendant. 6. The orders of the learned Presiding Officer also illustrate, specified in paragraph no.18, he too attempted to pursue the parties to resolve the controversy by practicable solution and he has, accordingly, accommodated on several occasions, however, no fruitful result could be achieved. It was felt, the Wakf Board, without whose consent the dispute could not be compromised, was not responding positively and the matter remained lingered. 7. Learned Presiding Officer, indeed, has taken care to protect interests of the 3 CIV.R.A. NO.301/2011 institution as also of the plaintiff, if he has any rights in the property, by directing deposit of Rs.1,00,000/- (Rs. one lac) by the respondent. Additionally, respondent nos. 18 and 19 shall deposit an amount of Rs.1,00,000/- ( Rs. one lac) with respondent no.1, which would be subject to the outcome of Wakf Suit No.63/2010. Whatever construction respondent nos. 18 and 19 have carried and are carrying, shall be subject to outcome of Wakf Suit No.63/2010 and the respondent nos. 18 and 19 shall not be permitted to assert equities. Respondent nos. 18 and 19 shall not create third party interests in relation to the suit property. Photograph taken on record. Civil Revision Application partly allowed in above terms. No costs. ( K.U. CHANDIWAL, J. ) ... agp/301-11cra