IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA ON THE 28^th OF OCTOBER, 2025 CIVIL REVISION No. 885 of 2019 SMT. BISMILLAH BI AND OTHERS Versus MP STATE WAQF BOARD THR. AND OTHERS Appearance:

Mr. K.N. Gupta – Senior Advocate, assisted by Ms. Suhani Dhariwal – Advocate for applicants.

Mr. Alok Katare – Advocate for respondent No. 1.

Mr. N.K. Gupta – Senior Advocate, assisted by Mr. Saket Sharma – Advocate for respondent No. 2.2.

Mr. Sanjay Singh Kushwaha – Govt. Advocate for State.

Signature Not Verified ORDER This civil revision under Section 83 (9) of Waqf Act has been filed against the order dated 22/8/2019 passed by M.P. State Waqf Tribunal, Bhopal, in Case No.33/2006.

2. Case No. 33/2006 was filed by legal representatives of Nathe Khan and present applicants were respondents in the said case. In Case No. 33/2006, which was filed by Zardar Khan and others, it was held by M.P. State Waqf Tribunal that property in dispute is a waqf property, against which Zardar Khan and others have filed Civil Revision No.728/2019 which was dismissed by a separate order passed today by this Court, and order dated 22/8/2019 passed by M.P. State Waqf Tribunal in Case No. 33/2006 has been affirmed.

3. It is submitted by counsel for applicants that the case in hand is duly covered by the order passed by this Court in Civil Revision No. 728/2019 [Zardar Khan S/o Shri Munir Khan (Died) Thr. Following Legal Rep. Hussain Khan And Others Vs. M.P. State Waqf Board Thr. And Others].

4. Heard learned counsel for applicants.

5. This Court in the case of Zardar Khan (supra) has held as under:

“This civil revision has been filed under Section 83 (9) of Waqf Act against the order dated 22/8/2019 passed by M.P. State Waqf Tribunal, Bhopal, in Case No. 33/2006, by which the suit filed by applicants under Section 83 (2) of Waqf Act has been dismissed.

2. The facts necessary for disposal of present revision, in short, are that applicants filed a suit for declaration of title and permanent injunction, pleading inter alia that old Khasra No. 3891 (new Khasra No. 658), 3892 Signature Not Verified (new Khasra No. 659), 3879 (new Khasra No. 660), 3880, 3893, 3894, 3895/1, 3896/1, 3881, 3895/2 (new Khasra No. 661), and 3896/2, total area 11.519 hectares = 52 bigha of land situated in Vidisha is the disputed property. It is the case of applicants that Nathe Khan was the original owner of the property in dispute. He died in the year 1954, and after his death, the property went to his widow Smt. Shakkar Bi. The name of Shakkar Bi was also duly recorded in the revenue records. Shakkar Bi remained in possession of the property during her lifetime. Earlier, Khata No. 133 was the joint property of Nathe Khan, Nazir Khan, Shakur Khan, and Gafur Khan. After the partition, Shakkar Bi got one-third of the said property, i.e., 52 bigha, and accordingly, Shakkar Bi, came in possession as the sole owner. According to plaintiffs/applicants, the pedigree is as under:

Nathe Khan |

Smt. Shakkar Bai (wife of Nathe Khan)

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Smt. Begum Bi Smt. Bakko Bi | |

Smt. Bibbo Bi (died issueless) Munir Khan (Husband of Bakko Bi)

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Zardar Khan Smt. Zubaida Smt. Ameena Bi Smt. Haseena Bi From the year 1964, Smt. Shakkar Bi was not keeping well. Munir Khan, who was the husband of Bakko Bi, and was her son-in-law in relation, was residing with Shakkar Bi. He was looking after Shakkar Bi and accordingly, Shakkar Bi executed a registered Will dated 24/10/1964 in favor of Munir Khan. Shakkar Bi died on 4/11/1967, and thereafter, Munir Khan became the sole owner and in possession of the property in dispute by virtue of Will. It was the case of applicants that the father of applicants, namely Munir Khan, had carried out the cultivation work. Munir Khan gave one part of the land, i.e., Khasra No. 660 area 10.787 h