Partly allowed

Sameer Iftekhar Shaikh and Other v. Abdul Kadar Shaikh Abdul Rahman and Other

Bombay HC12 Jan 2023CA/2485/2020

Case brief

AI extract

What is this about?

The Bombay High Court at Aurangabad allowed the applicants' civil application to condone a delay of 418 days and recall an order giving time to remove objections. Simultaneously, the court dismissed the civil revision application, refusing to interfere with the Wafq Tribunal's order that rejected an interim injunction prayer as premature.

What did the court decide?

Application allowed in terms of prayers 'B' and 'C' to recall the order granting time to remove objections and to condone the 418-day delay; Civil Revision Application dismissed.

Sameer Iftekhar Shaikh and Other Vs Abdul… — Civil Procedure and Limitation | Bombay HC (2023)

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3-CA-2485-2020

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Pooja K.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 2485 OF 2020 IN REJECTED CASE NO. 1553 OF 2018 WITH CIVIL REVISION APPLICATION (ST) NO.30804 OF 2018

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Sameer Iftekhar Shaikh and Ors. … Applicants Versus Abdul Kadar Shaikh Abdul Rahman and Ors. … Respondents

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Mr. Shaikh Mohammad Naseer A. - Advocate for Applicants

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CORAM : GAURI GODSE, J. DATE : 12^th January, 2023

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PER COURT :

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This application is filed for setting aside the order dated 6^th December, 2018 passed by learned Registrar thereby granting conditional time to remove objections.

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Objections were not removed within time hence, civil application stood dismissed.

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The Civil Revision Application is filed for challenging the order dated 14^th August, 2018 passed by learned Maharashtra Waqf Tribunal, Aurangbad in Waqf Suit No. 123 of 2017, by which the application for temporary injunction filed by the applicants

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3-CA-2485-2020

was dismissed.

Since impugned order in the Civil Revision Application is of the year 2018, I called upon learned counsel appearing for applicants to point out reasons for challenging the impugned order. Learned counsel appearing for the applicants submitted that, since the prayer in the interim application for injunction as well as main suit are similar, he would agitate his grievance in the main suit. In such circumstances, there is no point in keeping the Civil Revision Application pending.

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For the reasons stated in the application, application is allowed in terms of prayer clauses ‘B’ and ‘C’, which reads thus :

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B) The order passed by Hon’ble Registrar, High Court on dated 06.12.2018 in Civil Revision Application Stamp No.30804/2018 may kindly be recalled.

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C) The delay of 418 days has been caused for filing of this Civil Application may kindly be condoned.

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CIVIL REVISION APPLICATION (ST) NO. 30804 OF 2018

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So far as the Civil Revision Application is concerned, by the impugned order the application for interim injunction is

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3-CA-2485-2020

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rejected. The reasons in the impugned order are prima-facie observations. Since the prayers in the interim application are same as the main prayers in the suit, the same cannot be granted at interim stage, as the same will amount to allowing the suit. There is no ground to interfere in the impugned order. Hence, Civil Revision Application is dismissed.

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[ GAURI GODSE ] JUDGE

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Sameer Iftekhar Shaikh and Other v. Abdul Kadar Shaikh Abdul Rahman and Other

Case brief

What is this about?

What did the court decide?

Sameer Iftekhar Shaikh and Other v. Abdul Kadar Shaikh Abdul Rahman and Other

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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