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Muslim Law - MUSLIM LAW DELHI WAKF BOARD

ARSHAD KHAN AND ORSVsOFFICE OF SUB DIVISIONAL MAGISTRATE +3 more

CNR DLND01005299202316-District Judge-02
PENDING

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
16/2023
Registration Date
05 Jun 2023
Next Hearing Date
23 Dec 2026
Case Stage
Misc. Arguments

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    WAKF Act 1954 · Sec 83

    Case History / Proceedings

    Case History
    Date: 05-06-2023
    Business: FOR CONSIDERATION
    Next Purpose: Misc. cases
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: fp
    Next Purpose: Misc. Arguments
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: for fp
    Next Purpose: Misc. Arguments
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: for fp
    Next Purpose: Misc. Arguments
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: for fp
    Next Purpose: Misc. Arguments
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: FOR FURTHER ARGUMENTS
    Next Purpose: Misc. Arguments
    Next Hearing Date: 03-10-2024
    
    Date: 03-10-2024
    Business: Ld PO is on leave today.  Hence, adjourned accordingly
    Next Purpose: Misc. Arguments
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: Heard. Adjourned accordingly.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 07-08-2025
    
    Date: 07-08-2025
    Business: Heard.  Ordered accordingly.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 17-12-2025
    
    Date: 17-12-2025
    Reason For Adjournment: Judge on Leave
    Next Purpose: Misc. Arguments
    Next Hearing Date: 16-04-2026
    
    Date: 16-04-2026
    Business: Heard.  Ordered accordingly.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 27-08-2026
    
    Date: 27-08-2026
    Business: Ld PO is on leave today.  File taken up today on 29.08.26 as 27.08.26 was declared holiday.  As per directions, case is adjourned accordingly.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 23-12-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 3278/2023
    Filing Date: 03-06-2023
    First Hearing Date: 05th June 2023
    Court Number And Judge: 16-District Judge-02

    Orders

    16
    Interim Order 8
    16 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    16.04.2026.
    Present : Sh. Samar Gulrez, Ld. Counsel for the plaintiff.
    Sh. Yasir H. Usmani, Legal Assistant, Delhi Waqf
    Board.
    Mohd. Waquas, Mr. Bilal, Ms Nida and Mr. Abdul
    Wahab, Ld. Counsel for DWB (through VC)
    Notification of re-constitution of Waqf Tribunal
    under Section 83 of Waqf Act is still awaited.
    Let the matter be now listed for 27.08.2026.
    (Dr. Pankaj Sharma)
    DJ-02 & Waqf Tribunal
    NDD/PHC/ND/16.04.2026.
    -- 1 of 1 --
    Interim Order 7
    07 Aug 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    07.08.2025.
    Present : Sh. Daniyal Ayyubi, Ld. Counsel for the plaintiff.
    Mohd. Waques and Saima, Ld. Counsel for DWB
    Notification of re-constitution of Waqf Tribunal
    under Section 83 of Waqf Act is still awaited.
    Matter stands adjourned for 17.12.2025.
    (Harvinder Singh Johal)
    DJ-02 & Waqf Tribunal
    NDD/PHC/ND/07.08.2025.
    -- 1 of 1 --
    Interim Order 6
    19 Mar 2025
    Order Details: COPY OF ORDER
    Pdf Text: 34 Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    19.03.2025
    Present : None for the plaintiff.
    Legal Assistant Mohd. Asif Iqbal for DWB.
    Notification of re-constitution of Waqf Tribunal
    under Section 83 of Waqf Act is still awaited.
    Matter stands adjourned for 07.08.2025 for purpose
    already fixed.
    (Harvinder Singh Johal)
    DJ-02 & Waqf Tribunal
    NDD/PHC/ND/19.03.2025
    -- 1 of 1 --
    Interim Order 5
    01 Feb 2024
    Order Details: COPY OF ORDER
    Pdf Text: 32 Muslim Law 16/23 ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    01.02.2024
    Present : Sh. Daniyal Ayyubi, Counsel for the plaintiff.
    Mohd. Waquas, Counsel for defendant no.2 through VC along with Law
    Officer Ms. Farha Naaz and Court Clerk Mohd. Afaq Usmani.
    None for remaining defendants.
    Counsel for the defendant no.2 seeks time to file the written statement.
    Heard. Time sought is granted with direction to defendant no.2 to file
    written statement within three weeks with advance copy to the plaintiff.
    Notification of re-constitution of Waqf Tribunal under Section 83 of
    Waqf Act is awaited.
    Put up on 18.04.2024 for further proceedings.
    (Sumit Dass)
    ADJ-02 & Waqf Tribunal
    NDD/PHC/ND/01.02.2024
    -- 1 of 1 --
    Interim Order 4
    30 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS
    Vs.
    OFFICE OF SUB DIVISIONAL MAGISTRATE
    30.11.2023
    Present : Sh. Anish Kaushik, Counsel for plaintiff.
    None for defendant No.1.
    Mohd. Waquas, Counsel for defendant No.2 along with Ms.
    Farha Naaz, Legal Officer and Sh. Afaq Usmani, Court Clerk.
    None for defendant No.3 & 4.
    Fresh vakalatnama filed on behalf of defendant No.2. Be taken
    on record.
    Notification of re-constitution of Waqf Tribunal under Section 83
    of Waqf Act is still awaited.
    Put up for arguments on application under Order XXXIX Rule 1
    & 2 of CPC on 01.02.2024.
    (Sudhanshu Kaushik)
    Addl. District Judge-02 & Waqf Tribunal
    New Delhi District, Patiala House Courts,
    New Delhi/30.11.2023
    -- 1 of 1 --
    Interim Order 3
    12 Jul 2023
    Order Details: COPY OF ORDER
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB DIVISIONAL
    MAGISTRATE
    12.07.2023
    Present : Sh. Arun Saxena along with Sh. Daniyal Ayyubi, counsel for the
    plaintiff.
    None for defendant no.1.
    Law Officer Mohd. Ahsan Jamal and Court Clerk Mohd. Ishaque for
    defendant no.2.
    Sh. Abdul Ali, son of defendant no.3.
    Defendant no.4 in person.
    Despite opportunity, none of the defendants have filed written
    statement.
    Notification of re-constitution of Waqf Tribunal under Section 83 of
    Waqf Act is still awaited.
    One last and final opportunity is granted to the defendants to file their
    respective written statements within three weeks with advance copy to the plaintiff.
    Put up on 30.11.2023 for arguments on application under Order XXXIX
    Rule 1 & 2 of CPC.
    (Sudhanshu Kaushik)
    ADJ-02 & Waqf Tribunal
    NDD/PHC/ND/12.07.2023
    -- 1 of 1 --
    Interim Order 2
    09 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    Arshad Khan & Ors Vs. Office of Sub Divisional Magistrate
    09.06.2023
    Present : Sh. Anish Kaushik, Counsel for petitioner.
    Sh. Vikas, Naib Tehsildar on behalf of respondent No.1/SDM,
    Kotwali, Delhi.
    Sh. Hasan Jamal, Counsel for respondent No.2.
    Sh. Abdul Ali, son of respondent No.3.
    Respondent No.4 in person.
    Counsel for petitioner has filed affidavit of service. Service has
    been effected on all the respondents. Respondents are at liberty to file written
    statement within the statutory period with advance copy to the petitioner.
    Report has been filed on behalf of SDM, Kotwali, Delhi along
    with annexures in connected case bearing ML No.15/2023. Copy supplied to
    the petitioner.
    Notification of re-constitution of Waqf Tribunal under Section 83
    of Waqf Act is still awaited.
    Put up for filing of written statement and reply/arguments on
    application under Order XXXIX Rule 1 & 2 of CPC on 12.07.2023.
    (Sudhanshu Kaushik)
    Addl. District Judge-02 & Waqf Tribunal
    New Delhi District, Patiala House Courts,
    New Delhi/09.06.2023
    -- 1 of 1 --
    Interim Order 1
    05 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: ML 16/2023
    ARSHAD KHAN & ANR. VS OFFICE OF SDM & ORS.
    05.06.2023
    Fresh Muslim Law suit received by way of assignment. It be checked and
    registered.
    Present : Sh. M.A.Khan, Counsel for petitioners.
    Submissions heard. Record perused.
    By means of present suit, petitioners have challenged the order
    dated 01.06.2023 passed by SDM, Kotwali whereby they have been directed to
    vacate the Waqf property bearing No.1, Makki Masjid, Mehendiyan, Meer
    Dard Road, New Delhi. Counsel for petitioners prays for ex-parte ad-interim
    injunction.
    Notification of re-constitution of Waqf Tribunal under Section 83
    of the Waqf Act, 1995 is awaited. In the absence of notification, at this stage,
    no effective orders can be passed as the other two member of the Waqf
    Tribunal have yet not been appointed by the concerned authority.
    Issue summons of the suit and notice of application under Order
    XXXIX Rule 1 & 2 of CPC to the defendants upon filing of PF/RC returnable
    on 09.06.2023. At request, dasti summons be also issued. Copy of the order be
    also given dasti.
    (Sudhanshu Kaushik)
    Addl. District Judge-02 & Waqf Tribunal
    New Delhi District, Patiala House Courts,
    New Delhi/05.06.2023
    -- 1 of 1 --
    Order 8
    16 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    16.04.2026.
    Present : Sh. Samar Gulrez, Ld. Counsel for the plaintiff.
    Sh. Yasir H. Usmani, Legal Assistant, Delhi Waqf
    Board.
    Mohd. Waquas, Mr. Bilal, Ms Nida and Mr. Abdul
    Wahab, Ld. Counsel for DWB (through VC)
    Notification of re-constitution of Waqf Tribunal
    under Section 83 of Waqf Act is still awaited.
    Let the matter be now listed for 27.08.2026.
    (Dr. Pankaj Sharma)
    DJ-02 & Waqf Tribunal
    NDD/PHC/ND/16.04.2026.
    -- 1 of 1 --
    Order 7
    07 Aug 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    07.08.2025.
    Present : Sh. Daniyal Ayyubi, Ld. Counsel for the plaintiff.
    Mohd. Waques and Saima, Ld. Counsel for DWB
    Notification of re-constitution of Waqf Tribunal
    under Section 83 of Waqf Act is still awaited.
    Matter stands adjourned for 17.12.2025.
    (Harvinder Singh Johal)
    DJ-02 & Waqf Tribunal
    NDD/PHC/ND/07.08.2025.
    -- 1 of 1 --
    Order 6
    19 Mar 2025
    Order Details: COPY OF ORDER
    Pdf Text: 34 Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    19.03.2025
    Present : None for the plaintiff.
    Legal Assistant Mohd. Asif Iqbal for DWB.
    Notification of re-constitution of Waqf Tribunal
    under Section 83 of Waqf Act is still awaited.
    Matter stands adjourned for 07.08.2025 for purpose
    already fixed.
    (Harvinder Singh Johal)
    DJ-02 & Waqf Tribunal
    NDD/PHC/ND/19.03.2025
    -- 1 of 1 --
    Order 5
    01 Feb 2024
    Order Details: COPY OF ORDER
    Pdf Text: 32 Muslim Law 16/23 ARSHAD KHAN AND ORS Vs. OFFICE OF SUB
    DIVISIONAL MAGISTRATE
    01.02.2024
    Present : Sh. Daniyal Ayyubi, Counsel for the plaintiff.
    Mohd. Waquas, Counsel for defendant no.2 through VC along with Law
    Officer Ms. Farha Naaz and Court Clerk Mohd. Afaq Usmani.
    None for remaining defendants.
    Counsel for the defendant no.2 seeks time to file the written statement.
    Heard. Time sought is granted with direction to defendant no.2 to file
    written statement within three weeks with advance copy to the plaintiff.
    Notification of re-constitution of Waqf Tribunal under Section 83 of
    Waqf Act is awaited.
    Put up on 18.04.2024 for further proceedings.
    (Sumit Dass)
    ADJ-02 & Waqf Tribunal
    NDD/PHC/ND/01.02.2024
    -- 1 of 1 --
    Order 4
    30 Nov 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS
    Vs.
    OFFICE OF SUB DIVISIONAL MAGISTRATE
    30.11.2023
    Present : Sh. Anish Kaushik, Counsel for plaintiff.
    None for defendant No.1.
    Mohd. Waquas, Counsel for defendant No.2 along with Ms.
    Farha Naaz, Legal Officer and Sh. Afaq Usmani, Court Clerk.
    None for defendant No.3 & 4.
    Fresh vakalatnama filed on behalf of defendant No.2. Be taken
    on record.
    Notification of re-constitution of Waqf Tribunal under Section 83
    of Waqf Act is still awaited.
    Put up for arguments on application under Order XXXIX Rule 1
    & 2 of CPC on 01.02.2024.
    (Sudhanshu Kaushik)
    Addl. District Judge-02 & Waqf Tribunal
    New Delhi District, Patiala House Courts,
    New Delhi/30.11.2023
    -- 1 of 1 --
    Order 3
    12 Jul 2023
    Order Details: COPY OF ORDER
    Pdf Text: Muslim Law 16/23
    ARSHAD KHAN AND ORS Vs. OFFICE OF SUB DIVISIONAL
    MAGISTRATE
    12.07.2023
    Present : Sh. Arun Saxena along with Sh. Daniyal Ayyubi, counsel for the
    plaintiff.
    None for defendant no.1.
    Law Officer Mohd. Ahsan Jamal and Court Clerk Mohd. Ishaque for
    defendant no.2.
    Sh. Abdul Ali, son of defendant no.3.
    Defendant no.4 in person.
    Despite opportunity, none of the defendants have filed written
    statement.
    Notification of re-constitution of Waqf Tribunal under Section 83 of
    Waqf Act is still awaited.
    One last and final opportunity is granted to the defendants to file their
    respective written statements within three weeks with advance copy to the plaintiff.
    Put up on 30.11.2023 for arguments on application under Order XXXIX
    Rule 1 & 2 of CPC.
    (Sudhanshu Kaushik)
    ADJ-02 & Waqf Tribunal
    NDD/PHC/ND/12.07.2023
    -- 1 of 1 --
    Order 2
    09 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: Muslim Law 16/23
    Arshad Khan & Ors Vs. Office of Sub Divisional Magistrate
    09.06.2023
    Present : Sh. Anish Kaushik, Counsel for petitioner.
    Sh. Vikas, Naib Tehsildar on behalf of respondent No.1/SDM,
    Kotwali, Delhi.
    Sh. Hasan Jamal, Counsel for respondent No.2.
    Sh. Abdul Ali, son of respondent No.3.
    Respondent No.4 in person.
    Counsel for petitioner has filed affidavit of service. Service has
    been effected on all the respondents. Respondents are at liberty to file written
    statement within the statutory period with advance copy to the petitioner.
    Report has been filed on behalf of SDM, Kotwali, Delhi along
    with annexures in connected case bearing ML No.15/2023. Copy supplied to
    the petitioner.
    Notification of re-constitution of Waqf Tribunal under Section 83
    of Waqf Act is still awaited.
    Put up for filing of written statement and reply/arguments on
    application under Order XXXIX Rule 1 & 2 of CPC on 12.07.2023.
    (Sudhanshu Kaushik)
    Addl. District Judge-02 & Waqf Tribunal
    New Delhi District, Patiala House Courts,
    New Delhi/09.06.2023
    -- 1 of 1 --
    Order 1
    05 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: ML 16/2023
    ARSHAD KHAN & ANR. VS OFFICE OF SDM & ORS.
    05.06.2023
    Fresh Muslim Law suit received by way of assignment. It be checked and
    registered.
    Present : Sh. M.A.Khan, Counsel for petitioners.
    Submissions heard. Record perused.
    By means of present suit, petitioners have challenged the order
    dated 01.06.2023 passed by SDM, Kotwali whereby they have been directed to
    vacate the Waqf property bearing No.1, Makki Masjid, Mehendiyan, Meer
    Dard Road, New Delhi. Counsel for petitioners prays for ex-parte ad-interim
    injunction.
    Notification of re-constitution of Waqf Tribunal under Section 83
    of the Waqf Act, 1995 is awaited. In the absence of notification, at this stage,
    no effective orders can be passed as the other two member of the Waqf
    Tribunal have yet not been appointed by the concerned authority.
    Issue summons of the suit and notice of application under Order
    XXXIX Rule 1 & 2 of CPC to the defendants upon filing of PF/RC returnable
    on 09.06.2023. At request, dasti summons be also issued. Copy of the order be
    also given dasti.
    (Sudhanshu Kaushik)
    Addl. District Judge-02 & Waqf Tribunal
    New Delhi District, Patiala House Courts,
    New Delhi/05.06.2023
    -- 1 of 1 --

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