Hon’ble Sabhajeet Yadav, J.—By this petition, the petitioner has challenged the order dated 26.8.2008 passed by Wakf Tribunal/Civil Judge (Sr. Division) Muzaffar Nagar, contained in (Annexure-12 of the writ petition) whereby ex-parte temporary injunction has been granted by the Wakf Tribunal in favour of respondents against the petitioner and further relief in the nature of mandamus commanding the Civil Judge (Sr. Division), Muzaffar Nagar not to give effect to and not to implement the appointment of respondents No.1 to 3 as Wakf Committee and not to interfere in petitioner’s functioning as Mutawalli of the Wakf has been sought for.

2. The brief facts leading to the case are that the Wakf in dispute is a public and charitable Wakf registered as Wakf Masjid Hauz Wali No. 13 Muzaffar Nagar with the U.P. Central Wakf Board and its management is carried out by the petitioner. Earlier vide order dated 25.8.2001 the Wakf Board had appointed the Managing Committee for 5 years under the Presidentship of Mohammad Fazil of which Zaheer Ahmad was Secretary. The term of said Committee was going to expire on 24.8.2006, therefore on 14.8.2006 the petitioner’s committee filed an application for extension of its term. Whereas on 17.8.2006 some complaints were made by Shamim Akhtar and others against the petitioner’s committee on which the Wakf Board after affording an opportunity to the parties on 7.6.2007 dismissed the said complaint and extended the term of petitioner’s committee for further period of one year. In the new Committee Zaheer Ahmad was appointed as Joint Secretary. It is stated that said order dated 7.6.2007 was however wrongly stayed by the Chairman of the Wakf Board vide order dated 16.6.2007 which was challenged by the petitioner by means of Reference No. 8 of 2007 before the Tribunal/Civil Judge (Senior Division), Muzaffar Nagar, which is still pending. Subsequently the Chairman of Wakf Board passed an order on 3.9.2007 by which he has set aside the order of appointment of petitioner’s committee dated 7.6.2007 and has appointed Administrative Committee under Section 65 of the Wakf Act 1995 (hereinafter referred to as ‘the Act’). In the said committee Zaheer Ansari the Mutawalli of present Wakf committee has also been included as Member. It is stated that the State Government was required to publish a Gazette Notification to validate the said order under Section 65 of the Act, therefore, on 12.9.2007 the Chief Executive Officer of the Board had written a letter to the State Government for issuing a Gazette Notification. It is stated that till today the State Government has not issued any Gazette Notification under Section 65 of the Act in pursuance of said letter of Chief Executive Officer dated 12.9.2007 and to meet out the said flaw the Chief Executive Officer of Waqf Board has himself pasted a letter on notice Board of the Board as “Adhisoochna” but the said Adhisoochna has not been published in any official Gazette as required under the aforesaid Act nor the Ministry of Wakf Board has yet approved the said action. In this view of the matter the petitioner filed Misc. Case No. 30 of 2007 on 17.9.2007 challenging the orders dated 3.9.2007 and 12.9.2007 under Section 83 of the Act before the Wakf Tribunal. It is stated that the respondents filed an application 34-C for rejecting the Plaint under Order VII, Rule 11, C.P.C., which has been decided vide order dated 14.1.2008. Against the said order dated 14.1.2008 the petitioner filed a Civil Revision No. 42 of 2008 in which an interim order has been passed on 31.1.2008. The said order has been extended from time to time and is still in operation and the Revision is still pending.

3. It is further stated that in the meantime the respondents No. 1 to 3 had filed Wakf Case No. 20 of 2008 before the Wakf Tribunal/Civil Judge (Senior Division), Muzaffar Nagar without giving any notice to the Wakf Board as required by Section 90 of the Act. It is stated that an applica