Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ.1130/23
MOHD. ILMAN
Vs.
MOHD. IQBAL
04.05.2024
Present: Shri R.K. Singh, Ld. Counsel for the plaintiff with
plaintiff.
Shri Shoabiuddin, Ld. Counsel for defendant no.1 to
9.
Shri Mohd. Waquas, Ld. Counsel for Delhi Waqf
board.
Cost of Rs.3000/- in compliance of order dated
30.03.2024 paid by plaintiff to both the opposite party. It is
submitted by Ld. Counsel for plaintiff he has filed reply to the
application under order 1 rule 10 moved on behalf of Delhi Waqf
board on 01.05.2024. the said reply is taken on record as it is duly
annexed with the affidavit of plaintiff. Copy of the same has
already been supplied to the Ld. Counsel for Delhi Waqf Board
and today same has been supplied to Ld. Counsel for defendant
no.1 to 9.
Arguments heard on the application under order 1
rule 10. it is submitted by counsel on behalf of Delhi waqf board
tha the property in question belongs to Delhi Waqf board in view
of Delhi gazette notification dated 17.05.1979 and the same
property has been managed by the board through the persons
appointed by the board and as per section 92 of Waqf Act 1995
the Waqf board can appear as a party to any suit or proceedings
involving the title of waqf property. And thus, it is prayed for Ld.
Counsel that application under order 1 rule 10 be allowed and
waqf board be heard on merits.
Objecting to this it is submitted by Ld. Counsel for
plaintiff that the present application under order 1 rule 10 is not
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maintainable as property in question has no concerned with
Waqf board as per RTI reply dated 28.11.2022 the property in
question belongs to Masjid Akhoonji and he has further disputed
the authority of Ld. Counsel appearing on behalf of Waqf board
stating that he has not been duly authorised to appear on behalf of
Waqf board. And thus, it is submitted by Ld. Counsel for plaintiff
prayer of present application should be dismissed being devoid of
any merits.
At this stage, it is submitted by Ld. Counsel for
defendant no.1 to 9 that he has no objection to the application;n
filed on behalf of Waqf board for impleadment as party to the
suit. It is also submitted by Ld. Counsel for defendant no.1 to 9
that the so called sanction letter from MCD pertains to only
property no.1528 and 1537 only and does not talk about the
property number concering the present plaint. It is also submitted
y Ld. Counsel for defendant no.1t o 9 that sanction letter which
plaintiff is relying upon as on date stands
cancelled/withdrawn/revoke vide order of MCD dated
16.02.2024. Ld. Counsel for defendant no.1 to 9 is directed to file
said documents alongwith appropriate application. Copy of said
letter of cancelled/withdrawn/revoking be supplied to the Ld.
Counsel for plaintiff.
It is also submitted by Ld. Counsel for defendant
no.1 to that his application under order 7 rule 11 is also pending
for disposal, the reply of same has already filed by Ld. Counsel
for plaintiff. It is also submitted by Ld. Counsel for defendant
no.1 to 9 is that present suit is barred by section 83 r/w 85 of
Waqf Act. It is also submitted by Ld. Counsel for defendant no.1
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to 9 that plaintiff after filing of present suit has also filed a case
before Delhi Waqf Tribunal for declaration as owner of the
property in question.
Objecting to this it is submitted by Ld. Counsel for
plaintiff that application under section 7 11 is not maintainable as
section 85 does not applied to facts and circumstance of present
case since the prayer is against defendant no.1 to 9 and not
against Waqf board. It is further submitted by Ld. Counsel for
plaintiff for purpose of deciding application under order rule 7
rule 11 that it is only the contents of the plaint which have to be
read and defence not to be considered.
Ld. Counsel for defendant no.1 to 9 has also filed
judgment in support of under order 7 rule 11. same is taken on
record.
Put up for order on application under order 1 rule 10
and order 7 rule 11 on 03.06.2024 at 2:00 pm.
(Neha Pandey)
Civil Judge-05/Central/THC
04.05.2024
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