Anil Kumar Rupchandani vs The Anjuman Islamiya Trust
2022 Latest Caselaw 6389 MP

Citation : 2022 Latest Caselaw 6389 MP
Judgement Date : 28 April, 2022

Madhya Pradesh High Court

Anil Kumar Rupchandani vs The Anjuman Islamiya Trust on 28 April, 2022

Author: Anjuli Palo

                                       1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                                  SA No. 1104 of 2020
             (ANIL KUMAR RUPCHANDANI AND OTHERS Vs THE ANJUMAN ISLAMIYA TRUST)

Dated : 28-04-2022
       Mr. Mukesh Kumar Mishra, learned counsel for the appellant.

       Mr. N.S. Ruprah, learned counsel for the respondent/caveator.

Heard learned counsel for the parties on I.A. No.4866/2020 and I.A. No.2293/2021, applications for stay of execution of decree.

Hon'ble the Supreme Court in the case of Rashid Wali Beg v. Farid Pindari and Others, 2021 SCC OnLine SC 1003 in paragraph 20 and 21 has held

that thus:

"20. Thus, Act 27 of 2013 did 2 things. First it expanded the jurisdiction of Waqf Tribunal even to cover landlord tenant disputes and the rights and obligations of lessor and lessee. Second, the Amendment Act enlarged the bar of jurisdiction, to cover even revenue courts and other authorities.

21. Sub-section (2) of Section 83 of the 1995 Act indicates the persons who are entitled to invoke the jurisdiction of the Tribunal. They are, (i) any mutawalli of the waqf; (ii) a person interested in the

waqf; or (iii) any other person aggrieved by any order made under the Act or Rules or any order made there under."

Having heard learned counsel for the parties and in view of the decisions in the case of Rashid Wali Beg (supra) as well as Mehvish Adil v. Delhi Wakf Board and Others, 2021 SCC OnLine Del 5227 and in the facts of the case it is directed that execution of judgment and decree dated 26.05.2020 passed in RCA No.1814/2018 by the Court of IVth Additional District Judge, Katni shall remain stayed.

Also heard on I.A. No.4797/2021 which is an application for bringing on new office holders of the respondent.

Having perused the averments made in the application and the fact that the would be appropriate for proper disposal of the case, I.A. No.4797/2021 is allowed. Let necessary amendment be carried out within two weeks.

(SMT. ANJULI PALO) JUDGE ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.04.30 18:21:30 IST