JUDGMENT :

1. Heard Shri Yogesh Kesarwani, learned counsel for revisionist, Mohd. Shakeel, learned counsel for respondents no. 2 to 6 and Shri Q.H. Rizvi, learned counsel for respondent no. 1.

2. This is a revision under Section 83(9) of the Waqf Act, 1995 by the Mutwalli of the Waqf challenging an order dated 20.06.2018 passed by the U.P. Waqf Tribunal, Lucknow in Execution Case No. 04 of 2001; Khawaja Raziuddin Vs. U.P. Sunni Central Waqf Board by which it has returned the records of the said execution case to the Civil Court for execution.

3. A Suit for specific performance of contract bearing R.S. No. 4 of 1981 was filed by the respondent in the civil court which was decreed by the civil on 20.01.2001. Execution Case No. 4 of 2001 was filed for executing the aforesaid decree. As informed by Mohd. Shakeel, learned counsel the Board had challenged the said decree in Appeal which was rejected. Shri Yogesh Kesarwani, learned counsel for revisionist says that the revisionist-Mutwalli had challenged the judgment and decree in First Appeal which was dismissed on the ground of limitation. Thereafter, the matter was not taken any further either by the Board or by the revisionist-Mutwalli.

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