SWAMI, J. ( 1 ) THOUGH this petition is posted for orders, having regard to the fact that it can be dis posed of on a short ground, it is heard for final disposal. ( 2 ) IN this writ petition under article 226of the Constitution of india, the petitioner has sought for quashing the order at annexure-a. Annexure-A is the order dated 4-10-1988 bearing No. Ktw 69 cmc dnu 87-88 passed by the Karnataka board of wakfs appointing one Sri janab mohammed tafhimulla maroof son of late m. Amjad ali as muthavalli of 'ibadathkhana-e-islam jamia maroop (lai masjid), at jumma masjid road (oph road), Bangalore-1 in the vacancy caused due to death of the notified muthavalli janab m. Amjad ali of the above said wakf institution. Under the same order one Sri janab badrul islam son of janab b. Iqbal ahmed saheb is appointed as guardian of the minor janab mohammed tafhimulla maroof to carry out the functions of the muthavalli till the minor muthavalli attains majority. ( 3 ) THERE is a controversy as to whether aminor can be appointed as muthavalli since the functions of muthavalli in the instant case also include religious functions. How ever, it is not necessary to go into this con troversy. It is not in dispute that even prior to registration of the wakf in question under the Provisions of the wakfs Act, 1954, there was a scheme framed by the district court in respect of the wakf in question, as per Annexure-B dated 14-2-1951. The scheme has not been set aside or modified even to this day. As long us the scheme is not set aside or modified, the scheme as framed by the dis trict court in respect of the waki in question will hold the field. All the parties/authorities concerned, including the wakf board are re quired to implement the scheme and act in accordance with the terms of the. scheme. Under the schema the mode of succession is not purely hereditary. After the death of the creator of the wakf the management of the wakf has to vest in the committee which has to be constituted in accordance with the terms mentioned in the scheme itself. Admittedly that has not been done. scheme. Under the schema the mode of succession is not purely hereditary. After the death of the creator of the wakf the management of the wakf has to vest in the committee which has to be constituted in accordance with the terms mentioned in the scheme itself. Admittedly that has not been done. Under the impugned order the second respondent is appointed as muthavalli on the ground that he is the son of late m. Amjad ali and the third respondent is appointed as the guar dian of the minor - second respondent. Such an appointment of muthavalli is not permis sible under the Provisions of the scheme, therefore, it can be straight-away stated that the wakf board to that extent has acted contrary to law. ( 4 ) HOWEVER, it is contended by srisavanour, learned counsel for respondents 2 and 3 that there is a suit filed by respondents 2 and 3 in o. s. no. 5115 of 1988 in the city civil court for a permanent injunction on the basis that the scheme is no more in force, and the same has not been acted upon. It is also further stated by him that there is also another suit in o. s. no. 4895 of 1988 filed by one obedulla in the city civil court against respondents 2 and 3 and the Karnataka board of wakf. As far as the Karnataka board of wakf is concerned, it is a party to both the suits. In o. s. 4895 of 1988 the plain tiff has sought for enforcement of the scheme produced at annexure-b. No doubt under Section 15 (2) (b) of the wakfs Act, the wakf board is also entitled to settle the schemes of management for wakf. But in the instant case, before the institution in question came under the wakf board, the scheme was framed by the district court. But in the instant case, before the institution in question came under the wakf board, the scheme was framed by the district court. As per the Provisions contained under Section 15 (3) of the wakfs Act, even after the scheme is settled by the wakf board, parties are given a right to institute a suit in a civil court of competent jurisdiction for setting aside such a settlement or direction, and, the decision of the civil court thereon has been made final, that being so, evenlhough under Section 15 (2) (b) of the act the wakf board is com petent to settle the scheme of management for waki", and such a scheme is liable to be set aside or modified by a civil court, and, as such in a case where a scheme had been set tled by a civil court before the wakf came to be governed by the wakfs Act, any modification or annulment of such a scheme shall be made only by a civi! Court and not by the wakf board. Therefore, the wakf board is required to enforce the scheme until it is modified by a competent civil court. As the wakf board has acted contrary to the terms of the scheme, the im pugned order cannot at all be sustained. ( 5 ) FOR the reasons stated above, the writpetition is allowed in the following terms: the order dated 4th october, 1988 bear ing No. Ktw 69 cmc dnu 87-88 (Annexure-A) is hereby quashed. The wakf board is directed to enforce, act upon and implement the scheme dated 14-2-1951 produced at Annexure -b until it is modified or annulled by a competent civil court. All other contentions of the parties are left open. It is also necessary to make an observation that, as there is a dispute between the parties with regard to the Constitution of the committee of management, until that is settled it is open to the wakf board to take the institution in question under direct manage ment or appoint a committee of mulhavalli as per the scheme. It is submitted on behalf of the respondents 2 and 3 that they intend to go in ap peal, therefore, the operation of the order may be stayed. Accordingly, the operation of this order is stayed till 30-11- 1989. Writ petition allowed. --- *** --- .