MANISH MATHUR
Waqf Masjid Thru. Secy. Mohd. Ismail – Appellant
Versus
Waqf Tribunal, U. P. , Lucknow – Respondent
JUDGMENT :
1. Heard Mr. Mohd Shadab Khan learned counsel for revisionist and Mr. Syed Aftab Aftab Ahmad learned counsel for opposite parties 4 and 5. The opposite parties 1,2 and 3 being merely proforma in nature, notices are dispensed with.
2. Revision under Section 83(9) of the Waqf Act 1995 has been filed against order dated 26th December, 2022 passed in Case No. 37 of 2022 whereby the suit proceedings have been dismissed on the ground that it has become infructuous.
3. Learned counsel for revisionist submits that the aforesaid case had been filed before the Waqf Tribunal under Section 83(2) of the Act of 1995 against order dated 16th February, 2022 whereby the opposite party No.4 was inducted as a Member of the Committee of Management. It is submitted that the aforesaid suit was filed by the revisionist in his capacity as Mutawalli/Secretary of the Managing Committee of the Waqf as well as in his individual capacity. It is submitted that by means of impugned order, it has been noticed that subsequent to filing of the suit, the revisionist has been removed from the post of Mutawalli/Secretary by means of order dated 20th September, 2022 in terms of Section 67(6) of the Act, 1995 an
Shanti Kumar R. Canji v. Home Insurance Co. of New York [(1974) 2 SCC 387 : AIR 1974 SC 1719]
State of Rajasthan v. Union of India [(1977) 3 SCC 592 : AIR 1977 SC 1361]
Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. [(1987) 1 SCC 424]
N.D.P. Namboodripad versus Union of India and others reported in (2007) 4 SCC 502
Ayaaubkhan Noorkhan Pathan versus State of Maharashtra and others reported in (2013) 4 SCC 465
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