Supreme Court - Daily Orders
Mahaboosa Begum vs Tamil Nadu Wakf Board on 6 October, 2015
Author: Anil R. Dave
Bench: Anil R. Dave, Adarsh Kumar Goel
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8298 OF 2015
(Arising out of SLP(C)No.21306 of 2014)
MAHABOOSA BEGUM & ORS . ... APPELLANT(S)
VS.
TAMIL NADU WAKF BOARD & ANR ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. Upon perusal of the impugned judgment, we find that the examination of the witnesses was objected. Ultimately the production of the documents was also objected and the High Court set aside the sale.
3. In our opinion, at this juncture, the High Court should not have objected to the examination of witnesses and production of documents.
4. Needless to say that it would be open to the parties to raise all contentions available to them at law and Signature Not Verified Digitally signed by produce documents, which should have been produced before Sarita Purohit Date: 2015.10.13 16:27:04 IST Reason: the trial court.
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5. In the circumstances we set aside the impugned order and the interim relief granted by this Court is vacated.
6. The learned counsel appearing for the parties desire that the trial court be requested to conclude the trial at an early date.
7. We are sure that the learned counsel appearing for the parties before the trial court shall extend their cooperation to the trial court. The trial court shall proceed with the trial and conclude it as soon as possible.
8. The parties are directed to appear before the trial court on 2nd November, 2015. Intimation of this order be forwarded to the trial court forthwith.
9. The appeal is disposed of as allowed with no order as to costs.
..............J. [ANIL R. DAVE] ..............J. [ADARSH KUMAR GOEL] New Delhi;
6th October, 2015.
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ITEM NO.6 COURT NO.3 SECTION XII
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).21306/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in CRP No.1592/2013 passed by the High Court Of Madras) MAHABOOSA BEGUM AND ORS Petitioner(s) VERSUS TAMIL NADU WAKF BOARD AND ANR Respondent(s) (With appln.(s) for permission to file addl. documents) (For final disposal) Date : 06/10/2015 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. Anoop G. Chaudhary,Sr.Adv.
Mr. P. Vinay Kumar,Adv.
For Respondent(s) Mr. G. Balaji,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of as allowed with no order as to costs in terms of the signed Non-reportable judgment.
(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Rgistrar (Signed Non-reportable judgment is placed on the file) 3