- (1.) Heard Learned Counsel for the Appellants Sri Deepak Kumar Jaiswal and Learned Counsel for the Respondents Sri Ramendra Asthana.
(2.) It appears from record that Appellant-Plaintiffs filed Original Suit No. 67 of 2002 inter alia that entire khasra No. 530 area 0.764 hectare of village Bhawanpur, tehsil and district Meerut is a graveyard of Muslim community it is registered in the office of the U.P. Sunni Central Waqf Board of Lucknow at Sl. No. 3338. The Waqf Board has constituted a committee for the maintenance of the graveyard of which Plaintiff No. 1 Sri Jalees Ahmad is the mutwalli. It was averred in the plaint that the Respondents belonging to Jogia community claimed part of plot No. 530 as their graveyard and were interfering in cremation of bodies of Muslims, hence it was prayed that they be restrained by permanent injunction from interfering in cremation of the dead bodies of the Muslim community in the said plot No. 530.
(3.) The suit was contested by the Defendant Respondents inter alia that whole land of plot No. 530 area 0.764 hectare is not the graveyard of the Plaintiff Appellants above.;