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Supreme Court - Daily Orders

Sheikh Yusuf vs Haji Mohammad Jamil Ahemad on 23 November, 2015

Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit

     ITEM NO.7                                    COURT NO.7                        SECTION IX

                                      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).     21889/2014

     (Arising out of impugned final judgment and order dated 23/04/2014
     in SA No. 441/2011 passed by the High Court of Bombay at Nagpur)

     SHEIKH YUSUF AND ORS                                                              Petitioner(s)

                                                            VERSUS

     HAJI MOHAMMAD JAMIL AHEMAD AND ORS                                                Respondent(s)

     (with interim relief and office report)


     Date : 23/11/2015 This petition was called on for hearing today.


     CORAM :
                             HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
                             HON'BLE MR. JUSTICE UDAY UMESH LALIT


     For Petitioner(s)                      Mr.   Huzefa Ahmadi,Sr.Adv.
                                            Mr.   Manish Pitale,Adv.
                                            Mr.   Anup Gilda,Adv.
                                            Mr.   Chander Shekhar Ashri,Adv.

     For Respondent(s)                      Mr. Sanjay Kharde,Adv.
                                            Mr. Sunil Kumar Verma,Adv.

                          UPON hearing the counsel the Court made the following
                                                  O R D E R

After hearing Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellants and Mr. Sanjay Kharde, learned counsel for the respondents we feel that, as suggested by the respective counsel, since much water has flown after the Change Reports filed in 2002/03 by both the parties; the correctness of the decision taken by the Assistant Charity Commissioner is subject matter of Signature Not Verified challenge Digitally signed by in the present proceedings; that even the latest Narendra Prasad Date: 2015.11.23 elections 17:36:55 IST Reason:

held in 2014 by the rival parties are pending consideration before the Assistant Charity Commissioner by way of 1 separate Change Reports. We are of the view that in the interests of the Trust it will be appropriate to direct the Assistant Charity Commissioner to decide Enquiry Nos.17/2015 and 44/2015 expeditiously so that the controversy raging between both the parties can be put to an end to for future management of the Trust without any hindrance from any quarters.
With that view, we direct the Assistant Charity Commissioner to decide Enquiry Nos.17/2015 and 44/2015 expeditiously, preferably within three months from the date of receipt/production of a copy of this order.
List the special leave petition for hearing after the receipt of the order of the Assistant Charity Commissioner.
  (NARENDRA PRASAD)                               (SUMAN JAIN)
    COURT MASTER                                  COURT MASTER




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