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2025 Supreme(Online)(Bom) 6655

HIGH COURT OF BOMBAY
SHAILESH P. BRAHME, J
Suresh s/o Premchand Mutha – Appellant
Versus
Adil Bin Sayeed Bin Hilabi – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anand P. Bhandari
For the Respondents:Mr. Afzal Hussain M. Vakil, Mr. V.D. Sapkal, Senior Advocate, Mr. Atharva D. Khwedkar, Mr. Shrimant Mundhe, Mr. N.E. Deshmukh

CORAM : SHAILESH P. BRAHME, J.

RESERVED ON : 26.08.2025 PRONOUNCED ON : 03.09.2025 JUDGMENT :

Heard both sides finally with their consent.

2. The applicant/original defendant no. 1 is questioning common order dated 07.09.2021 passed by Maharashtra State Waqf Tribunal, Aurangabad, below Exh, 52 and 53 in Waqf Suit No. 66/2020, rejecting both applications filed under Order VII Rule 11 of the Code of Civil Procedure . Respondent no. 1 is the plaintiff and respondent no. 18 is the Maharashtra State Board of Wakf, who are contesting parties. Application (Exh. 52) was submitted by defendant no. 1 and application (Exh. 53) was submitted by defendant no.

9. The parties re referred to by their original status in the suit.

3. The controversy pertains to 8648 square meters of Survey Nos. 51 and 52 (Gat No. 292 and 293) of CTS No. 14503/1 situated at Usmanpura, Tq. & Dist. Chhatrapati Sambhajinagar, which are claimed to be the property of Waqf Dargah Hajrat Shahanoor Hamvi Reh. The reliefs of declaration, possession and injunction are solicited by the plaintiff. The plaintiff claims to be devotee of Dargah and participants of religious rites at Dargah. He is said to be espousing a cause for protec

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