1. This revision application has been filed by the original defendants No.1 and 2. The respondent No.4 is original defendant No.4. The contesting respondent No.1 Trust is before the Court through managing trustees. The respondent No.1- Plaintiff brought Waqf Suit No.21/2007 before the Maharashtra Waqf Tribunal at Aurangabad, claiming recovery of possession from defendants No.1 to 3, on the basis that these defendants are encroachers on Waqf property and possession should be given to the plaintiffs. The suit has been decreed and thus, the present revision application.

2. Plaintiff is described as Hindustan Momin Banarasi Jaatiche Panch, Yeola i.e. Baherchi Masjid, through its trustees as mentioned in the plaint. Plaintiff claimed to be registered under the Bombay Public Trusts Act. Suit property is Survey No. 11-A of village Yeola, admeasuring 4 Hectors 02 R. The said property belongs to plaintiff Masjid and is meant for religious, pious and charitable purpose. The suit claims that the defendants are in possession of the suit property after demise of their mother Thakubai, against whom Civil Suit – Regular Civil Suit No.26/1999 was filed before Civil Judge, Junior Division,