Mohd Yousuf Khan vs. The Chief Executive Officer

THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5038 OF 2010

ORDER:

The petitioner filed this revision under Section 83 (9) of the Wakf Act, 1995, inter alia, aggrieved against the order dated 13.10.2010 in I.A.No.601 of 2010 in O.A.No.25 of 2010 on the file of the Andhra Pradesh Wakf Tribunal, Hyderabad {"the Tribunal" for brevity}, filed under Section 151 of the Code of Civil Procedure, 1908, to suspend the proceedings of the first respondent dated 16.09.2010 till disposal of the main application.

Heard the learned counsel for the petitioner.

The grievance of the petitioner is to the effect that even though the order impugned is an ad interim one and counter is filed in the Court below, the same is not being taken up, which is causing irreparable loss to the petitioner. In view of the same, it is needless to state that having regard to the nature of the interim order where the petitioner can as well knock the doors of the Tribunal and canvass his plea of alternative remedy available to him, I do not find any warrant to interdict with the order of the Tribunal.

Accordingly, in view of such efficacious remedy available to the petitioner, the Civil Revision Petition is dismissed and the Tribunal is directed to take up the said application and dispose of the same in accordance with law within a period of four {4} weeks from today. No costs.

(B.PRAKASH RAO, J)

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3 rd November 2010 RRB