IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.72 OF 2024 Aliasgar Ramzan Dekhani Being the Managing Trustee of Haji Mohammad Jawad Ispahani Imambara Trust & Ors. ....Applicants V/S Maharashtra State Board of Waqfs & Ors. ....Respondents WITH CIVIL REVISION APPLICATION NO.252 OF 2023 Haji Mohammad Jawad Ispahani Imambara Trust & Ors. ....Applicants V/S The Maharashtra State Board of Waqfs & Ors. ....Respondents WITH CIVIL REVISION APPLICATION NO.178 OF 2023 Haji Mohammad Jawad Ispahani Imambara Trust & Ors. ....Applicants V/S The Maharashtra State Board of Waqfs & Ors. ....Respondents ________

Mr. Anil Anturkar, Senior Advocate i/b Mr. Ranjit Shinde with Mr. Sagheer A. Khan for the Applicant in CRA 72 of 2024.

Mr. Sagheer A. Khan with Ms. Simran Rathod, Mr. Aqil S. Khan, Mr. Dawood Khan, Ms. Tasmiya i/b M/s. Judicare Law Associates for Respondent Nos.4 and 9 in CRA 72 of 2024 and for Applicant in CRA

252 of 2023 and CRA 178 of 2023.

Mr. Abdul Hafeez Yakub Kotwala for Respondent No.1.

Ms. Shraddha Vavhal with Mr. Hasnin Kazi for Respondent No.3 in CRA 72 of 2024 and for Respondent No.2 in CRA 252 of 2023.

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CORAM : SANDEEP V. MARNE, J.

DATE : 10 MARCH 2025.

ORAL JUDGMENT :

1 These three Revision Applications are filed under Proviso to sub-section (9) of Section 83 of the Waqf Act, 1995 seeking to invoke revisionary jurisdiction of this Court. Civil Revision Application Nos.72 of 2024 and 252 of 2023 are filed challenging the judgment and order dated 15 February 2023 passed by the Maharashtra State Waqf Tribunal, Aurangabad, (Waqf Tribunal) dismissing Waqf Application No.9 of 2018 filed by the Applicants under provisions of Section 83(2) of the Waqf Act, 1995, which was filed challenging the order dated 16 January 2016 passed by the Chief Executive Officer, Maharashtra State Waqf Board, Aurangabad (Waqf Board) thereby registering Haji Mohammad Jawad Ispahani Imambara Trust, Pune, District Pune, (Trust) as a Waqf institution having Registration No.

M.S.B.W./PUN/479/2017.

2 Civil Revision Application No.178 of 2023 has been filed challenging interlocutory order dated 26 December 2022 by which the Application preferred at Exhibit-52 for clubbing of Waqf Application No.9 of 2018 with the proceedings filed under Section 7 of the Waqf Act, 1995 (unregistered) were requested to be clubbed for being heard together. Civil Revision Application No.178 of 2023 has been rendered infructuous, in that sense, as Waqf Application No.9 of 2018 has ultimately been dismissed by final judgment and order dated 15 February 2023.

3 It is the case of the Revision Applicant that Haji Mohammad Jawad Ispahani Imambara Trust was formed on the basis of Trust Deed registered in the office of Sub-Registrar, Haveli No.2. The said Trust came to be registered on 27 October 1953 as a Public Trust under the provisions of Maharashtra Public Trusts Act, 1950 (MPT Act). It appears that the registration is under ‘B category’, being a Muslim Trust.

4 Respondent No.3 apparently filed proceedings before the Joint Charity Commissioner, Pune under provisions of section 41D of the MPT Act for removal of Trustees of the Trust alleging mismanagement. During pendency of the proceedings under Section 41D of the MPT Act, Respondent No.3 was advised to file an Application before the Wakf Board under Section 43 of the Waqf Act for registration of the Trust as a Waqf. The Application of Respondent No.3 has been allowed by the Waqf Board by order dated 16 January 2016 holding that since the Trust was registered under the provisions of MPT Act, it automatically became Waqf under the deeming fiction created under Section 43 of the Waqf Act since its registration was in ‘B category’. After securing order dated 16 January 2016 in his favour, Respondent No.3 later withdrew the proceedings under Section 41D of the MPT Act on 21 August 2007.

5 Aggrieved by registration of the Trust as a Waqf vide order dated 16 January 2016, the Trustees of