J. KANAKARAJ, J.

The dispute in these two writ appeals relates to the Durga known as Saint Hazarath Syed Moosa Sha Khaderi Durga located at Mount Road, Madras. By a common order, dated 28-2-1992, Bakthavatsalam, J. disposed of two writ petitions, viz., W. P. Nos. 5315 of 1991 and 6401 of 1987. Writ Petition No. 5315 of 1991 was for the issue of a writ of certiorari to quash the order of the wakf board, dated 10-1-1991, appointing the third respondent therein by name Syed Moinuddin as Mutawalli of the said Durga. Writ Petition No. 6401 of 1987 is in respect of that portion of the order of the wakf board, dated 8-3-1987 holding that the decree of the High Court in C. S. No. 116 of 1909 is not a scheme decree and that therefore, the wakf board has jurisdiction to appoint and remove the mutawalli. In effect, the prayers in both the writ petitions related to the effect of the decree in C. S. No. 116 of 1909 and whether the wakf board was deprived of its powers to remove the mutawalli and appoint a fresh mutawalli. The writ Appeals are directed against the said common Judgment in the two writ petitions.

2. For the purpose of convenience, we will refer to the parties by their na