Case Note & Summary
The present matter is an interim application filed in a suit pending before the Bombay High Court. The applicants, Masjid and Madarsa Gausiya (a registered Waqf under the Waqf Act, 1995) and its members/mutawallis, sought an order of status quo in respect of the suit property. The property is a Waqf registered under the Waqf Act, 1995, with registration numbers MSBW/MUM 86892004(Waqf) and new number MSBW/MUM 5262024, located at Hanuman Tekdi, Near Virwani Industrial Estate, Opp. Western Express Highway, Goregaon (E), Mumbai. The applicants include Mohammad Farooq I. Ansari, Mohammad Ayub Murshad, Ateequr Rehman Ansari, and Israphil Ansari. The court, after hearing the parties, found that the applicants have a prima facie case, the balance of convenience is in their favor, and they would suffer irreparable loss if status quo is not granted. Accordingly, the court allowed the interim application and directed that status quo be maintained in respect of the suit property until the final disposal of the suit. The court did not provide detailed reasoning or cite specific legal provisions beyond the Waqf Act, 1995. The judgment was delivered on 30 September 2025.
Headnote
A) Civil Procedure - Interim Injunction - Status Quo - Prima Facie Case, Balance of Convenience, Irreparable Loss - The court considered the application for interim relief in a suit concerning a Waqf property. The applicants sought status quo to prevent dispossession. The court held that the applicants have a prima facie case, balance of convenience is in their favor, and they would suffer irreparable loss if status quo is not granted. (Paras 1-10) B) Waqf Act, 1995 - Waqf Property - Management and Control - The suit property is a registered Waqf under the Waqf Act, 1995. The dispute pertains to the management and control of the Masjid and Madarsa Gausiya. The court directed status quo to be maintained until the final disposal of the suit. (Paras 1-10)
Issue of Consideration
Whether the applicants are entitled to interim relief in the form of status quo in respect of the suit property pending disposal of the suit.
Final Decision
The court allowed the interim application and directed that status quo be maintained in respect of the suit property until the final disposal of the suit.
Law Points
- Interim relief
- Status quo
- Waqf Act
- 1995
- Irreparable loss
- Balance of convenience
- Prima facie case
