Saiyed Nasruddin Saiyedali vs Begumpura Nagorivad ...
2021 Latest Caselaw 7101 Guj

       C/CRA/30/2021                                  ORDER DATED: 28/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CIVIL REVISION APPLICATION NO. 30 of 2021

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                 SAIYED NASRUDDIN SAIYEDALI
                           Versus
      BEGUMPURA NAGORIVAD MASJID(MASJID RAZA) TRUST THRU
                          TRUSTEE
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
for the Opponent(s) No. 3,4,5
MR HARNISH V DARJI(3705) for the Opponent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                             Date : 28/06/2021

                                 ORAL ORDER

Let reply be filed by the respondent Waqf - the original plaintiff before the next date.

2. Stand over to 22nd July, 2021.

3. It was submitted by learned advocate Mr.Dhruv Dave that the applicant is staying in the property which is a residential house since the time of forefathers and that he was likely to be evicted soon as per the notice received.

4. Since the respondent is directed to file reply, no coercive steps shall be taken against the applicant, on condition however that the applicant shall pay Rs.04,791/- towards occupancy fee and shall further deposit a lump sum amount of Rs.5,00,000/- (Rupees Five Lakhs Only) as directed by the Waqf Tribunal in the impugned judgment and award.

4.1 Once the amount of Rs.5,00,000/- is

C/CRA/30/2021 ORDER DATED: 28/06/2021

deposited before the Tribunal, it shall be invested in a non-cumulative fixed deposit in any nationalized bank initially for a period of one year and renewable. The periodical interest shall be paid to the plaintiff - Waqf.

5. The above deposit is without rights and contentions of the parties of both the sides.

Direct service is permitted.

(N.V.ANJARIA, J) ANUP