- (1.) This appeal is by special leave and challenge is to the order dated 1/10/1981, on a miscellaneous application in a pending second appeal before the High court. The High court in the pending second appeal was asked to decide whether a suit instituted without prior notice under S. 66 of the U. P. Muslim Waqfs Act, 1960, was maintainable. That, in fact, was the question which required adjudication in the second appeal. The High court negatived the stand. We are of the view that the impugned order need not be interfered with but in case in the second appeal this question is raised it shall be disposed of on its own merits after hearing parties in case that appeal may still be pending disposal. We do not express any opinion one way or the other.
(2.) The appeal is, therefore, disposed of with this observation. No costs.;