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"30. In these circumstances, in our view, it would be in the
interest of all concerned to maintain the status quo and to
restrain all those in management of the Wakf properties from
alienating and/or encumbering the Wakf properties during
the pendency of the proceedings before this Court. The
order of the High Court staying the operation of the
judgment has led to the revival of interim orders which have
rendered such stay otiose. The said order of stay cannot also
be continued during the pendency of these proceedings in its
present form.
31. Accordingly, at this stage, we direct that in relation to
Wakf properties, as distinct from Trusts created by Muslims,
3 CRA / 222 / 2012
all concerned, including the Charity Commissioner, Mumbai,
shall not permit any of the persons in management of such
Wakf properties to either encumber or alienate any of the
properties under their management, till a decision is
rendered in the pending Special Leave Petitions."