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 applicat