( 2 ) THE brief facts leading to the case are that there is a wakf known as Wakf Masjid lat and Roja Hajrat Maqdoorn Tazuddin ahrnad Bukhari (Wakf No. 7) Varanasi District Varanasi registered with U. P. Sunni central Wakf Board. The said wakf is not created by any wakf-deed rather it was created by user and registered as Public Wakf. On account of death of Late Mohd. Bashir s/o Haji Abdul Ahmad vacancy of Mutawalli in the said wakf had occurred, The applicant/revisionist and respondent No. 1 have approached the respondent No. 2 namely U. P. Sunni Central Wakfs Board by moving their applications for their appointment as mutawalli or the Committee of Management to manage the affairs of the said Wakf. The wakf Board after hearing the parties has passed an order dated 26-7-T2007 in pursuance thereof Chief Executiypr Officer of the u. P. Sunni Central Wakf Board issued office memorandum on 23-8-2007, whereby a Committee of Management of the applicant/revisionist was appointed for a period of one year and the application moved by the respondent No. 1 for his appointment as Mutawalli has been dismissed.

( 3 ) THE respondent No. 1 being aggrieved by the said order of the Board and office memorandum issued by the Chief-Executive Officer of the Board has filed-application under Section 83 (2) of the Wakf Act-1995 (herein after referred to as the Act); which was numbered as Reference No. 4 of 2007 before Wakf Tribunal/civil Judge (Senior Division), Varanasi on 5-9-2007. The respondent No. 1 has also filed an application for grant of interim injunction in the said reference. Thereupon the Wakf Tribunal has passed an interim injunction in favour of respondent No. 1 on 3-10-2007. The applicant and other office bearers of the committee 6f Management have challenged the said order by means of Civil Keviion no. 396 of 2007 before this Court. After hearing both the parties this Court has disposed of the said revision with a direction to the Tribunal to decide the said Wakf Reference on merits within a period of three months from the date of production of certified copy of the order before the Tribunal vide judgment and order dated 21-2-2008.

( 4 ) IT is stated that in spite of direction given by this Court the Wakf Tribunal could not decide the aforesaid Wakf reference within time, as directed by this Court, meantime one year term of the Committee of Management of the Wakf in question has expired on 25-7-2008 in view of order dated 26-7-2007 passed by the Wakf Board, therefore, the applicant-revisionist along with other office bearers of his committee of management has moved applications 241 Ga arid 242ga before the Tribunal to dismiss the reference as having been rendered infructuous. Against the said applications the respondent No. 1 has filed his objection and after hearing the parties, aforesaid applications of applicant have been dismissed-by the Wakf Tribunal vide impugned judgment and order dated 30-8-2008 holding that in given facts and circumstances of the case, the reference in question cannot be held to have become infructuous and the-other relief s claimed by the respondent con-1 cerned cannot be held to be consequential in nature. It was also held that admissibility of other reliefs claimed by the respondent No. 1 can be examined in the light of evidence adduced by the parties which has already been over,

( 5 ) HEARD Sri V. M. Zaidi, learned counsel for the applicant-revisionist and Sri S. M. A. Qazmi, learned Senior Counsel assisted by sri S. A. M. Fifdausi for the respondent No. 1.

( 6 ) WHILE assailing the impugned order passed by the Wakf Tribunal, learned counsel for the revisionist Sri V. M. Zaidi has vehemently contended that the reference in question filed by the respondent No. 1 against the order of Wakf Board is not maintainable in view of Section 89 of the Act as neither two months prior notice showing intention to file such suit was given to the board nor the plaint/application contained any statement that such notice ha

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