Court No. - 9
Case :- CIVIL REVISION No. - 167 of 2018 Revisionist :- Islamia Local Agency And Another Opposite Party :- Torrent Power Limited And Another Counsel for Revisionist :- Jata Shankar Pandey Counsel for Opposite Party :- Ashutosh Srivastava,Punit Kumar Gupta
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. Counsel for the opposite party no.1 has not appeared.
The instant revision is directed against an order dated 22.05.2018 passed by the Waqf Tribunal, Lucknow, whereby an application for interim injunction has been rejected.
The case of the revisionist is that the property in suit is Waqf property and is registered as such.
The Waqf had inducted the U.P. Electricity Board as a licensee in the year 2010, the property is being interfered with by the opposite party no.1 after the Electricity Distribution in Agra was handed over to it, namely, Torrent Power Ltd.
In the interim injunction application, relief was prayed for restraining the defendants in the suit from interfering in the plaintiffs' possession.
Shri Punit Kumar Gupta, who appears for the Sunni Central Waqf Board submits that an application under Section 104 B alleging unauthorized occupation of Waqf property by Torrent Power has been filed in the suit and the said application is pending consideration.
I have considered the submissions made by counsel for the parties and perused the record.
It is submitted by counsel for the parties that the suit aforesaid is pending at the stage of evidence. The plaintiffs evidence has already been adduced.
Under the circumstances and since the suit has proceeded substantially and that no interim injunction was operating during its pendency, it would be better, if the suit itself is decided finally on its merits.
The revision is disposed of directing the Waqf Tribunal to conclude the proceedings pending before it expeditiously and preferably within a period of 10 weeks from the date, a certified copy of this order is filed before it. The Waqf Tribunal shall also ensure that no unnecessary adjournment is granted to any of the parties.
Order Date :- 29.1.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.01.29 19:00:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad