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2015 Supreme(Bom) 1396

R.G.KETKAR
Magnum Developers – Appellant
Versus
Lal Shah Baba Dargah Trust – Respondent


Advocate Appeared:
Mr. Y. H. Muchhala, Senior Advocate, with Mr. Girish Godbole, Senior Advocate a/w S/Shri Vaibhav Nagvekar, Ajay Panicker and Rashda Ainapore, i/b. Ajay Law Associates for Applicants
Mr. Sagheer A. Khan a/w Mr.Sharique Nachan and G.D.Shaikh i/b Judicare Law Associates, Advocates for respondent no.1

ORDER:

1. Heard Mr. Y. H. Muchhala, learned senior counsel for the applicants and Mr. Sagheer A. Khan, learned counsel for respondent no.1 at length. Mr. Muchhala orally applies for leave to delete respondent no.2, Maharashtra State Board of Wakfs on the ground that no relief is claimed against it in the present application and is a formal party. On the motion made by Mr. Muchhala, leave to delete respondent no.2 is granted. Amendment shall be carried out forthwith.

2. Rule. Mr. Khan waives service for respondent no.1. At the request and by consent of the parties, Rule is made returnable forthwith and Application is taken up for final hearing.

3. By this Application under Section 83(9) of the Waqf Act, 1995, original defendants no. 1 to 7 have challenged the Judgment and order dated 29.6.2015 passed by the learned Presiding Officer, Maharashtra State Waqf Tribunal, Aurangabad, (for short, 'Tribunal'), below Exhibits 19 and 30 in waqf Suit No.144 of 2014. By that order, the Tribunal partly allowed Application-Exhibit-19 filed by respondent no.1 for grant of adinterim injunction und























































































































































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