Disposed

Kamni Begam v. U.P. Waqf Tribunal Lucknow U.P. and others

Allahabad HC28 Mar 2024/15/2024

Case brief

AI extract

What is this about?

The High Court disposed of Civil Revision No. 15 of 2024 filed by Kamni Begam. The Court directed the Waqf Tribunal to decide the pending interim relief application regarding the demolition of the revisionist's roof by the next date of hearing or within six weeks, noting potential irreparable harm.

What did the court decide?

Directed the Waqf Tribunal to decide the pending interim relief application by the fixed date of 22.04.2024 or within six weeks after hearing all parties.

Kamni Begam Vs U.P. Waqf Tribunal Lucknow… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26500

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Court No. - 5

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Case :- CIVIL REVISION No. - 15 of 2024 Revisionist :- Kamni Begam Opposite Party :- U.P. Waqf Tribunal Lucknow U.P. And Others Counsel for Revisionist :- Syed Asaghar Mehdi,Manish Mani Tripathi Counsel for Opposite Party :- Syed Aftab Ahmad

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the revisionist and Sri Syed Aftab Ahmad, learned counsel appearing on behalf of the respondent no. 2.

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No notice need be issued to the respondents no. 3 to 6 taking into consideration the nature of order proposed to be passed.

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The contention of learned counsel for the revisionist is that the revisionist has filed a suit for permanent injunction before the learned Waqf Tribunal, Lucknow (hereinafter referred to as "Tribunal") in which an application for interim relief had also been filed. A specific averment has been made in paragraph Ground (d) of the revision that the respondents no. 4 to 6 have broken the roof of the revisionist but the learned Tribunal has failed to discharge its duties and has not passed any order on the interim relief application of the revisionist and has only issue notice to the private respondents vide order dated 31.01.2024.

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The contention is that in case the private respondents proceed to break the roof of the revisionist the revisionist who is an old lady aged about 75 years would suffer irreparable harm and injury.

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Considering that the application for interim relief is still pending for consideration before the learned Tribunal in which notices have been issued and the next date which was earlier fixed as 06.03.2024 is now fixed for 22.04.2024 as per the statement made by the learned counsel for the revisionist, the instant revision is disposed of with the direction to the learned Tribunal to decide pending interim relief application of the revisionist in accordance with law after hearing all the parties on the date fixed i.e 22.04.2024 or within next six week.

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Order Date :- 28.3.2024 Pachhere/MS

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kamni Begam v. U.P. Waqf Tribunal Lucknow U.P. and others

Case brief

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Kamni Begam v. U.P. Waqf Tribunal Lucknow U.P. and others

Case brief

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