Hon’ble Sudhir Agarwal, J.—Heard Sri M.A. Qadeer, learned Senior Advocate, assisted by Sri Shamim Ahmad, learned counsel for petitioner; and, Sri P.K. Jain, learned Senior Advocate, assisted by Sri Sumit Daga, Advocate, for respondents.

2. This writ petition has arisen under Article 226 of the Constitution of India from the judgment and order dated 9.10.2009 passed by Additional District and Sessions Judge, Court No. 3, Muzaffar Nagar in Misc. Appeal No. 93 of 1992 under Section 49-B(4) of U.P. Muslim Wakf Act, 1960 (hereinafter referred to as “U.P. Act, 1960”). The Lower Appellate Court having allowed the appeal has set aside the order passed by Collector, Muzaffar Nagar on 14.1.1992 who had directed the respondent-Town Area Committee, Shahpur to transfer possession of disputed property to appellant-U.P. Sunni Central Board of Wakf (hereinafter referred to as “Board”).

3. The Board claimed that Khasra No. 416 (old number 905 and 906) situate in Village Shahpur, Tehsil Budhana, District Muzaffar Nagar is a Qabristan and a Wakf property registered as Wakf with the Board