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S.S.SHINDE
Vinod – Appellant
Versus
Muljibhai s/o Maujibhai Patel – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:A.P.Bhandari, Advocate.
For the Respondent No.1:A.S. Barlota, Advocate.
For the Respondent No. 17:S.B. Khan, B. W. Khan, Advocate.
For the Respondent No. 18:Syed Salahuddin Kazi, Advocate.

JUDGMENT

S.S. Shinde, J.— Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing.

2. The present Civil Revision Application takes exception to the Order dated 3.10.2011 passed by the Presiding Officer, Wakf Tribunal, Aurangabad, thereby rejecting the application below Ex.80 filed by the applicant.

3. It is the case of the applicant that the land bearing City Survey Nos. 12889, 12889/1 and 12889/2 i.e. old Survey No.38 situated out side Jafar Gate, Mondha Road, Aurangabad is the subject matter of the proceedings before the Maharashtra State Wakf Tribunal, Aurangabad in Wakf Case No. 11 of 2005 and the Wakf Case No.22 of 2005 pending before the Presiding Officer, Wakf Tribunal, Aurangabad. The Wakf Case No.22 of 2005 is already decided, however Wakf Case No. 11 of 2005 is yet pending before the Maharashtra State Wakf Tribunal, Aurangabad.

4. It is the further case of the applicant that the respondent No.17 has initiated proceedings allegedly under Section 54 of the Wakf Act, 1995 by issuing notice. After the proceedings under Section 54 of the Wakf Act, the applicant has filed Wakf Case No.22 of 2005 before

























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