HARYANA WAKF BOARD Vs. RAJENDER KUMAR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 8018 of 2015, Judgment Date: Sep 28, 2015

                                                              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 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.



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  26th  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;
28th September, 2015.
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.
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)