Honble Rajes Kumar, J.—By means of present writ petition, the petitioner has challenged the order dated 29-4-2003 passed by the Vth Additional District Judge, Shahjahanpur in Misc. Case No. 5 of 2002, Sunni Central Waqf Board v. Harsh Dev Gupta, rejecting the application under Section 151 of C.P.C. filed by Sunni Central Waqf Board for recalling the order dated 16-5-2000 passed by the Additional District Judge, Shahjahanpur in Civil Misc. Appeal No. 61 of 1992, Harsh Dev Gupta v. Sunni Central Waqf Board, Lucknow.

2. The brief facts of the case giving rise to the present petition are that the respondent No. 3 filed a Civil Misc. Appeal No. 61 of 1992 against the order/notice dated 23-6-1992 issued by the Controller, U.P. Sunni Central Waqf Board, Lucknow directing the Collector, Shahjahanpur to evict the respondent No. 3 from the land in dispute and in pursuance thereof, notice issued by the Collector. The Appeal was filed on the ground that the land in dispute No. 1625-A to 1268-A measuring 3 acre 36 dismal, which is situated within the Municipal area of Shahjahanpur was not the property of Sunni Central Waqf Board, Lucknow. It is stated that Smt. Munni and her husband Wasi