N.A. Britto, J.

Heard Mr. S.G. Dessai, the learned senior counsel on behalf of the petitioners and Mr. A.D. Bhobe, the learned counsel on behalf of the respondent Nos. 2 to 7.

2. This petition was filed to assail the order dated 6.10.2005 of the learned Sub-Divisional Magistrate. Vasco-da-Gama.

3. The dispute between the parties is regarding the management of a mosque built on chalta No. 201 under PT Sheet No. 155. There is no dispute that initially the said property was purchased by sale deed dated 14.6.1991 by 6 persons, namely the first and the fifth petitioners, the second and the third respondents. Mohamed Yusuf Menon and Ismail Khan and later with individual contributions as well as with public donations a Mosque/Masjid was erected in the year 1992 under the leadership of Farooq Ahmed Shaikh (respondent No.2) and a room for the residence of Pesh- imam was constructed. Although the said property was purchased with a view to form a trust to be known as Tanzime Ahle Sunnat, the same was never formed nor registered but petitioner Nos. 1. 3, 5 and 6 formed a society on or about 21.10.2003 known as Intizamia Committee of Masjid-e-Taiba and its name was subsequently changed in