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2021 Supreme(Guj) 121

BIREN VAISHNAV
Gujarat State Waqf Board Through Its Chief Executive Officer – Appellant
Versus
Shaikh Aunali Ismailji Ezzy – Respondent


Advocates Appeared:
For the Applicant : Mr. Shalin Mehta, Sr. Counsel with Mr. Manish S. Shah.
For the Opponent :Mr. Mehul S. Shah, Sr. Counsel with Mr. R.K. Mansuri, Mr. MTM Hakim, Advocate for Saquib S. Ansari.

JUDGMENT :

1. Both Civil Revision Applications were heard together and hence are being disposed of by this common CAV Judgment.

2. Both these Civil Revision Applications have been filed under the provisions of Section 83(9) of the Waqf Act, 1995 read with Section 115 of the Code of Civil Procedure. These Revision Applications have been filed to challenge the order dated 22.9.2020 passed by the Gujarat State Waqf Tribunal, Gandhinagar in Appeal No.30 of 2019.

3. Civil Revision Application No.162 of 2020 has been filed by the Gujarat State Waqf Board challenging the order of the Tribunal which quashed and set aside the order dated 23.9.2019 passed by the Board. Civil Revision Application No.186 of 2020 has been filed by one Muniruddin Fakruddin Farooqi – Respondent No.1 in the Appeal before the Tribunal.

4. The facts in brief are as under:

    * Shaikh Aunali Ismailji Ejji preferred an application No.73 of 2018 in the prescribed form under Section 36 of the Waqf Act in April, 2018 to register one Trust by the name of Molayee Yakub Saheb Dargah, Daudi Bohra Samaj Qubrastan Waqf, Patan. T

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