A single judge held that the first appeal and civil application do not survive as the disputed trust was transferred to the State Wakf Board during the pendency of the proceedings.
The first appeal and the civil application are disposed of as they do not survive.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
930 FIRST APPEAL NO.3017 OF 2016 WITH CA/1618/2001 IN FA/3017/2016
ABDUL KARIM AKBAR DESHMUKH AND OTHERS VERSUS
KARIMBEE GULAB AND OTHERS
Advocate for Appellants : Mr. Balaji S. Shinde h/f. Mr. V P Latange Advocate for Respondents no.02 & 03 : Mr. A.B. Kale Respondents no.04 & 06 dead Appeal abated & dismissed as against respondent no.05
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 24TH JULY 2019
ORAL ORDER :
01.Learned Advocate for the appellants submits
that in view of the affidavit in reply filed on
behalf of respondent no.08 on 11-10-2017, wherein it
has been specifically mentioned that the Trust in
respect of which the dispute was raised in the first
appeal i.e. Jama Masjid Trust, Takalibhan, Taluka
Shrirampur, District Ahmednagar, is transferred to
Chairman, Maharashtra State Wakf Board, Aurangabad,
vide office letter no.1862/2007, dated 28-12-2007,
the appeal does not survive.
02.Under such circumstance, the first appeal as
well as civil application are disposed of as they do
not survive.
( Smt. Vibha Kankanwadi )
JUDGE
...........
puranik / FA3017.16
1 issue framed by the court
Whether the first appeal survives after the transfer of the disputed trust to the Maharashtra State Wakf Board.
ABDUL KARIM AKBAR DESHMUKH AND OTHERS
KARIMBEE GULAB AND OTHERS
VIBHA KANKANWADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court