IMPORTANT POINT
Where defendant demonstrates that codefendant’s evidence would adversely affect his interest, cross-examination of such co-defendant is permissible.

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 the Wakf Tribunal, Aurangabad praying for the relief of declaration and injunction in respect of the said property. The respondent No.17 has resisted the Suit filed by the applicant by filing its Written Statement. After framing of issues, the applicant stepped in the witness box. The cross examination of the applicant is completed on 15.2.2011 in Wakf Suit No.22 of 2005. The respondent No.17 has not adduced any evidence. It is further case of the applicant that the application for amendment in Wakf Suit No.22 of 2005 filed by the applicant was rejected. Being aggrieved by it, C.R.A.No.123 of 2009 was filed before this Court, which came to be allowed by Order dated 22.7.2010. The proceedings of Wakf Suit No.22 of 2005 were expedited by this Court. The learned counsel appearing for the applicant informed that the proceedings in Wakf Suit No.22 of 2005 are decided.

5. It is further case of the applicant that in view of the action of respondent No.17 initiating the proceedings u/s.54 of the Wakf Act, 1995, the respondent Nos.1 to 16 have filed Wakf Case No.11 of 2005 before the Wakf Tribunal, Aurangabad. It is the case of the applicant that this Court in C.R.A.No.32 of 2011 directed the Presiding Officer, Wakf Tribunal, Aurangabad to expedite the hearing of Wakf Case No.11 of 2005. It is the case of the applicant that the respondent No.17 has adduced evidence, the affidavit of examination-in-chief was filed by one Aziz Ahmed s/o Siraj Ahmed on 13.9.2011. The witness of respondent No.17 is cross examined by the Advocate of respondent Nos. l to 16. The application below Ex.78 was filed on behalf of the applicant for adjournment as the applicant was not present on the -date of cross examination of respondent No.17 and the applicant wants to cross examine respondent No.17. The Wakf Tribunal, Aurangabad in stead of passing Order on Ex.78, was pleased to pass Order below Ex.74, wherein after the cross examination of witness of respondent No.17, a note is written, saying that, the applicant has filed application for cross-examination of said witness.

6. It is observed that both Suits can be disposed off together the applicant herein filed application below Ex.80, thereby praying for reviewing the order and further prayed to permit the applicant to cross examine DW No.1. The respondent No.17 has resisted the application by filing Say and the Tribunal has rejected the application below Exh.80 filed by the applicant in the Civil Revision Application. Hence this Civil Revision Application.

7. The learned counsel appearing for the applicant submits that, law is laid down in the case of Sohanlal & Ors: v. Gulabchand, AIR 1966 Raj. 229. that codefendant can cross examine the deposing defendant. Therefore, the applicant has every right to cross examine the witness of