Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 1298 of 2019 Petitioner :- Waqf Allatala Maszid Respondent :- Atiqurrahman And 10 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- Punit Kumar Gupta,Rizwan Ahmad(Qureshi)
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Ramesh Kumar Shukla, learned counsel for the petitioner and Ms. Hina Safiq holding brief of Sri Rizwan Ahmad (Qureshi), learned counsel for the caveator respondent.
By the impugned order dated 25.01.2019, the application of petitioner being Paper No.16ga in Civil Appeal No.46 of 2014 (Waqf Allatala Maszid vs. Atiqurrahman And Others), has been rejected by the court of Additional District and Sessions Judge, Nagina, Bijnor on the finding that the plaintiff respondent No.1/1 to 1/5 were contesting the suit and, therefore, the suit was not abated in so far as the plaintiff No.1/1 to 1/5, are concerned. I do not find any error of law in the impugned order. The petition lacks merit and, therefore, deserves to be dismissed.
In view of the aforesaid, the petition is dismissed. Order Date :- 26.2.2019 NLY