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Badshahi vs Shaikh

High Court Of Gujarat|01 May, 2012

JUDGMENT / ORDER

1. The present Civil Application has been preferred by the applicants herein
- original petitioners for the following interim reliefs:
"9(A) To restrain the respondent nos.1 to 5 from managing the affairs and administration of the Badshahi Masjid Trust, Bharuch and to enter in the Trust property.
(B) To stay the execution, implementation and operation of the impugned judgement and order of the Wakf Tribunal dated 23.5.2008 passed in Wakf Appeal No.2 of 2007 and order of the Competent Authority i.e. Change Report No.292/2004 dated 17.8.2004 at Annexure-C of the Civil Revision Application.
(C) To permit the applicants to administer and manage the affairs of aforesaid Badshaji Masjid Trust, Bharuch for the benefits of community in the interest of justice.
(D) To fix the hearing of aforesaid Civil Revision Application No.102 of 2009 peremptorily in the interest of justice."
2. Mr.Jitendra Patel, learned advocate appearing on behalf of the applicants has stated at the bar that if this Court is inclined to fix early date of hearing of the main Civil Revision Application, he does not press the present application at this stage with a liberty to file fresh application if for whatever reason main Civil Revision Application is not heard within reasonable time.
3. In view of the above, the present application is dismissed as not pressed. In the facts and circumstances of the case and considering the fact that even at the time of admission of the Civil Revision Application, the main matter was fixed for final hearing on 16/11/2010 but for whatever reason the matter could not be heard, Registry is directed to notify the main Civil Revision Application for final hearing on 15th June,2012. It is observed that if for whatever reason the main Civil Revision Application is not heard within reasonable time, it will be open for the applicants to prefer fresh application for interim relief, which is prayed for in the present application, which shall be considered in accordance with law and on merits.
[M.R.SHAH,J] *dipti Top
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Title

Badshahi vs Shaikh

Court

High Court Of Gujarat

JudgmentDate
01 May, 2012