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2014 Supreme(Bom) 1032

T.V.NALAWADE
Maharashtra State Board of Wakf, Through its District Wakf Officer – Appellant
Versus
Digvijay – Respondent


Advocates appeared:
For the Applicant:Y.B. Pathan, Advocate.
For the Respondent:R.N. Dhorde, Senior Advocate, holding for V.R. Dhorde, Advocate.

Judgment :

1) Admit.

2) Notice after admission made returnable forthwith by consent. Both sides are heard for final disposal.

3) The proceeding is filed under section 83 (9) of the Wakf Act, 1995 to challenge the order made by the Wakf Tribunal Aurangabad on Exhibit 5 of Wakf Suit No. 15/2013. The Tribunal has refused the relief of temporary injunction claimed by the applicant-plaintiff.

4) The plaintiff, Wakf Board, has filed suit for relief of possession, permanent injunction etc. against the respondent. It is in respect of property bearing Survey No. 103 admeasuring 28 acres 9 gunthas and situated at Osmanabad. It is the case of the Wakf Board that the suit property is public wakf property, it is dedicated permanently to render services to Jama Masjid of Osmanabad. It is contended that, the property is registered as wakf property under the provisions of Wakf Act, 1954 and notification in that regard was published in official gazette dated 27-3-1980.

5) It is the case of the plaintiff that the property was dedicated long back and in the record of Inams also entry was made that the property was given in Inam for rendering services to aforesaid religious institution. It is contend




























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