ZUBAIDA W/O KADAR MEMON AND ORS vs KHAN MUBEEN AHMED ALI AND ORS

Judgment text excerpt

Neeta Sawant CRA-419-2024-FC (ZUBAIDA KADAR MEMON VS. KHAN MUBEEN AHMED ALI) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 419 OF 2024 1. Zubaida W/O. Kadar Memon 2. Kadir S/o. Kadar Memon 3. Shahanaj W/o. Kadir Memon 4. Salim S/o. Kadar Memon 5. Shafik S/o. Kadar Memon Applicants No.1 & 3 to 5 through Their General Power of Attorney Kadir S/o. Kadir Memon (Applicant No.2 above) ….Applicants (Original Defendants No.1 to 5) : Versus : 1. Khan Mubeen Ahmed Ali 2. Shaikh Jan Mohammad Shaikh 3. Kamruddin Masjid (Jamiyatul Kubra) Camp, Pune 4. Maharashtra State Waqf Board. ….Respondents (Respondent Nos.1& 2 are Original Plaintiffs No.1 & 2 and Respondents No.3 & 4 are Original Defendant No.6 & 7 respectively) Mr. Anurag Mishra i/by. Ms. Pooja Kankariya, for the Revision Applicant. Mr. Altaf Khan with Mr. Mazhar Khan, for Respondent Nos.1 and 3. Mr. Rahimtulla Momin with Ms. Divya Parab, for Respondent No.4. CORAM : SANDEEP V. MARNE, J. Judgment Reserved on : 16 April 2025. Judgment Pronounced on : 29 April 2025. PAGE NO. 1 OF 29 TUESDAY, 29 APRIL 2025 Neeta Sawant CRA-419-2024-FC (ZUBAIDA KADAR MEMON VS. KHAN MUBEEN AHMED ALI) JUDGMENT : 1) Applicants have invoked revisionary jurisdiction of this Court under sub-section (9) of Section 83 of the Waqf Act, 1995 for setting up a challenge to the judgment and order dated 15 May 2024 passed by the Maharashtra State Waqf Tribunal, Aurangabad. The Tribunal has decreed the suit filed by Respondent Nos.1 and 2 and has directed the Applicants to deliver vacant possession of the suit property to Respondent No.3-Waqf Institute with further direction to conduct enquiry into mesne profits under Order 20 Rule 12 of the Code of Civil Procedure, 1908 (the Code). 2) It is the case of the