Madhya Pradesh High Court
Idgah Masjid vs Maqbool Ali Shah on 10 October, 2023
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 10 th OF OCTOBER, 2023
SECOND APPEAL No. 77 of 2011
BETWEEN:-
IDGAH MASJID THROUGH PRESIDENT & MANAGER
SATTAR BHAI KAJI WARD, SEONI, TEH & DIST. SEONI
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI ISHAN SONI AND SHRI SUNIL KUMAR PANDEY - ADVOCATES)
AND
1. MAQBOOL ALI SHAH S/O RAMZAN ALI SHAH,
AGED ABOUT 65 YEARS, MOUZA AYARAT, TEH.
AND DISTT. SEONI (MADHYA PRADESH)
2. SATTAR BHAI S/O MUNEER KHAN, AGED ABOUT
65 YEARS, OCCUPATION: PRESIDENT / MANAGER
IDGAH MASJID DISTT. SEONI (MADHYA
PRADESH)
3. MOHAMMAD SHAH ALI OCCUPATION: THR.
PRESIDENT MOHAMMAD NAZIR KHAN ASHOK
WARD, DISTT. SEONI (MADHYA PRADESH)
4. ABBAS LAHARI S/O KAMRUDDIN LAHARI, AGED
ABOUT 53 YEARS, DHYANCHAND WARD SEONI
(MADHYA PRADESH)
5. NARUDDIN BHAI S/O ABBAS BHAI, AGED ABOUT
52 YEARS, DHYANCHAND WARD SEONI (MADHYA
PRADESH)
6. IMRAN ALI S/O ISHTIYAQ ALI, AGED ABOUT 48
Y E A R S , JYARAT NAKA SEONI (MADHYA
PRADESH)
7. IRFAN ALI S/O ISHTIYAQ ALI, AGED ABOUT 36
Y E A R S , JYARAT NAKA SEONI (MADHYA
PRADESH)
Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 10/12/2023
10:42:13 AM
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8. SHAISTA BANO W/O ISHTIYAQ ALI, AGED ABOUT
36 YEARS, JYARAT NAKA S E O N I (MADHYA
PRADESH)
9. SHABANA BANO W/O ISHTIYAQ ALI, AGED ABOUT
38 YEARS, JYARAT NAKA S E O N I (MADHYA
PRADESH)
10. REHANA BEGUM D/O ISHTIYAQ ALI, AGED
ABOUT 40 YEARS, JYARAT NAKA SEONI (MADHYA
PRADESH)
11. TAHIR ALI S/O SAIFUDDIN ALI, AGED ABOUT 55
YE A R S , CV RAMAN WARD BARAPPATTHAR
SEONI (MADHYA PRADESH)
12. SAIFUDDIN ALI S/O MOHAMMAD ALI, AGED
ABOUT 50 YEARS, CV RAMAN WARD
BARAPPATTHAR SEONI (MADHYA PRADESH)
13. KAMAL ALI S/O YUSUF ALI, AGED ABOUT 55
Y E A R S , KATANGI TAHSIL KATNGI DISTT.
BALAGHAT (MADHYA PRADESH)
14. NAFIZ ALI S/O KAMAL ALI, AGED ABOUT 55
YE A R S , KATANGI TAHSIL KATANGI DISTT
BALAGHAT (MADHYA PRADESH)
15. SAIFIMURTUZA ALI S/O KAMAL ALI, AGED
ABOUT 41 YEARS, KATANGI TAHSIL KATANGI
DISTT. BALAGHAT (MADHYA PRADESH)
16. TASNIM STAFF S/O MURTUZA ALI, AGED ABOUT
38 YEARS, KATANGI TAHSIL KATANGI DISTT.
BALAGHAT (MADHYA PRADESH)
17. MURTUZA ALI S/O KAAR ALI, AGED ABOUT 40
YE A R S , KATANGI TAHSIL KATANGI DISTT.
BALAGHAT (MADHYA PRADESH)
18. TILAKCHAND PARDHI S/O TENSINGH PARDHI,
AGED ABOUT 49 YEARS, HN 95 WARD NO.4 DISTT.
BALAGHAT (MADHYA PRADESH)
19. AKHILESH SINGH CHOUHAN S/O ASHOK SINGH
CHOUHAN, AGED ABOUT 44 YEARS, MAHARANA
PRATAP NAGAR KABEER WARD DUNDASEONI
DISTT. SEONI (MADHYA PRADESH)
Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 10/12/2023
10:42:13 AM
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20. FIRM PARAM BUILDERS AND DEVELOPERS FIRM
PARAM BUILDERS AND DEVELOPERS BALAGHAT
(MADHYA PRADESH)
21. M/S GOKULDHAM BILDERS M/S GOKULDHAM
BILD ER S GOKULDHAM COLONY MANGLIPETH
SEONI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AKHILESH KUMAR JAIN AND SHRI KHALID NOOR
FAKHRUDDIN - ADVOCATE FOR RESPONDENT 1,SHRI AKSHAT
TAMRAKAR - ADVOCATE FOR RESPONDENTS 13-16, SHRI R.N.TRIPATHI -
ADVOCATE FOR RESPONDENT 19)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
Heard on I.A.No.3773/2023, which is an application for recalling the
order dated 15.02.2023 passed in second appeal No.77/2011, whereby on the
application (I.A.No.2540/2023) filed on behalf of the appellant through its
Manager Sattar Bhai, the second appeal was permitted to be withdrawn on the
ground of amicable settlement arrived at between the parties to the appeal.
2. Learned counsel for the parties jointly submit that the judgment and
decree in question was passed in the suit filed by respondent 1/plaintiff-
Maqbool Ali Shah simpliciter for permanent injunction.
3. In view of aforesaid, learned counsel for the applicant- Idgah Masjid in
the light of decision of Supreme Court in the case of Anathula Sudhakar Vs.
P.Buchi Reddy (dead) by Lrs. and others (2008) 4 SCC 594 prays for
withdrawal of I.A.No.3773/2023 with liberty to file suit for declaration of title
and consequential relief(s) in respect of the land in question.
4. Prayer being reasonable, is accepted and I.A.No.3773/2023 is
permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.
5. It is made clear that if such a civil suit for declaration of title and
Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 10/12/2023
10:42:13 AM
consequential relief(s) is filed by the applicant- Idgah Masjid, the concerning
Court shall decide such suit on its own merits without being influenced by any
of the findings recorded by learned courts below in the impugned judgment and
decree passed by learned Courts below.
6. With the aforesaid observation, I.A.No.3773/2023 is disposed off.
7. Pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL)
JUDGE
anu
Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 10/12/2023
10:42:13 AM
