Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL APPEAL NO.8018 OF 2015
(Arising out of SLP(C)No.20451 Of 2015)
HARYANA WAKF BOARD ... APPELLANT(S)
VS.
RAJENDER KUMAR ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Heard the learned counsel.
2. Leave granted.
3. We are impressed by only one submission made by
the learned counsel for the appellant that the trial court
did not consider the provisions of the amended Section 83
JUDGMENT
of the Wakf Act, 1995, while relying upon the judgment
delivered in Faseela M. Vs. Munnerul Islam Madrasa
Committee & Anr. [AIR 2014 SC 2064 = 2014 SCR 613]. The
said judgment pertains to a case filed prior to the
amendment of Section 83 of the Wakf Act, 1995.
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4. In the circumstances, in our opinion, it would be
just and appropriate to remit the matter to the trial court
to consider the provisions of Section 83 of the Wakf Act,
1995 and take appropriate decision in accordance with law.
5. We, therefore, set aside the impugned order passed by
the High Court whereby the order of the trial court has
been confirmed.
5. The appeal is allowed with the above observations,
with no order as to costs.
6. The parties shall appear before the trial court on
th
26 October, 2015, so that the matter can be heard further
by the trial court. Intimation of this order be sent to
the trial court.
..............J.
[ANIL R. DAVE]
..............J.
[ADARSH KUMAR GOEL]
New Delhi;
th
28 September, 2015.
JUDGMENT
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ITEM NO.10 COURT NO.3 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 20451/2015
(Arising out of impugned final judgment and order dated 24/04/2015
in CR No. 2737/2015 passed by the High Court Of Punjab & Haryana At
Chandigarh)
HARYANA WAKF BOARD Petitioner(s)
VERSUS
RAJENDER KUMAR Respondent(s)
(With interim relief and office report)
Date : 28/09/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Imtiaz Ahmed,Adv.
Ms. Naghma Imtiaz,Adv.
For M/s. Equity Lex Associates,Advs.
For Respondent(s) Mr. Punit Jain,Adv.
For Mr. C.S. Ashri,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
JUDGMENT
The appeal is allowed with no order as to costs in
terms of the signed order.
(Sarita Purohit) (Sneh Bala Mehra)
Court Master Assistant Registrar
(Signed order is placed on the file)
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