Supreme Court - Daily Orders
Committee Of Management, Shahi Jama ... vs Hari Shankar Jain on 29 November, 2024
Author: Sanjay Kumar
Bench: Sanjay Kumar
ITEM NO.35 COURT NO.1 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 28500/2024
[Arising out of impugned final judgment and order dated 19-11-2024
in CS No. 166/2024 passed by the Civil Judge (Senior Division),
Sambhal at Chandausi]
COMMITTEE OF MANAGEMENT, SHAHI JAMA MASJID, SAMBHAL Petitioner(s)
VERSUS
HARI SHANKAR JAIN & ORS. Respondent(s)
(IA No.276358/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.276360/2024-EXEMPTION FROM FILING O.T. and IA
No.276361/2024-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 29-11-2024 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s) Mr. Huzefa A. Ahmadi, Sr. Adv.
Mr. Fuzail Ahmad Ayyubi, AOR
Mr. Mohammad Nizamuddin Pasha, Adv.
Ms. Rashmi Singh, Adv.
Mr. Ibad Mushtaq, Adv.
Ms. Akanksha Rai, Adv.
Ms. Gurneet Kaur, Adv.
For Respondent(s)
Mr. K.M. Nataraj, ASG
Mr. Sharan Dev Thakur, AAG
Ms. Ruchira Goel, Adv./AOR
Ms. Indira Bhakar, Adv.
Mr. Vishnu Shankar Jain, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Some of the respondents entered appearance on learning about the present special leave petition, which is directed against the Signature Not Verified order dated 19.11.2024 passed by the Civil Judge (Senior Division), Digitally signed by Deepak Guglani Date: 2024.11.29 16:10:40 IST Reason: 1 Sambhal at Chandausi, Uttar Pradesh1, in Civil Suit No. 166/2024. We feel that the petitioner, Committee of Management, Shahi Jama Masjid, Sambhal, must challenge the order dated 19.11.2024 before an appropriate Court/forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution of India.
In the meanwhile, peace and harmony must be maintained. Mr. K.M. Nataraj, learned Additional Solicitor General, appearing for the District Administration, Sambhal, Uttar Pradesh, assures the Court with regard to the same.
We also observe that, in case any revision petition/ appeal/miscellaneous petition is preferred before the appropriate Court/forum, the same will be listed within a period of three working days after the date of its filing.
We are told that the matter is fixed before the Court of the learned Civil Judge (Senior Division) on 08.01.2025. The learned Civil Judge will not proceed with the matter till the revision petition/appeal/miscellaneous petition to be filed by the petitioner, is listed before the High Court/appropriate Court/forum. The report submitted by the Advocate Commissioner, if any, will be kept in a sealed cover and will not be opened. Any further proceedings in the suit would be subject to the order passed by the High Court/appropriate Court/forum. We clarify that we have not expressed any opinion on the merits of the matter.
Re-list in the week commencing 06.01.2025.
1 “Court of Civil Judge”, for short 2 Liberty is granted to the parties to move an appropriate application/mention, if required and necessary.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
3