The Managing Committee Wakf No. 93 vs. Naseem Anwar And Anr. Etc. Etc
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SECTION XI Before the Hon'ble IN THE SUPREME COURT OF INDIA Judge in Chamber CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NOS. 5354
(Application for Substitution of Lrs of deceased Respondents)
AND
INTERLOCUTORY APPLICATION NO.5556
(Application for Condonation of Delay in filing Substitution application)
IN
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 554557 OF 2015 WITH PRAYER FOR INTERIM RELIEF
THE MANAGING COMMITTEE WAKF NO. 93 ...PETITIONERS
NASEEM ANWAR AND ANR. ETC. ETC. ...RESPONDENTS
OFFICE REPORT
VERSUS
The matter abovementioned was listed before the Hon'ble Court on 13.02.2015, when the Court was pleased to pass the following order:
"Delay condoned. Issue notice returnable within four weeks. Dasti, in addition, is permitted. In the meantime, the parties shall maintain status quo with regard to the property in question."
It is submitted that Mr. Anis Ahmed Khan, Advocate for the petitioner has on 16.11.2015 filed common application for Substitution of deceased Respondent No. 1 in SLP(C) No. 5546/2015 and SLP(C) No. 5549/2015 respectively. In terms of order of Hon'ble Judge in Chambers dated 21.11.2016 the counsel has cured the defects in the applications and the same have been registered as I.A.Nos. 5354. (Copy included in the paper books). The counsel for the Petitioner has mentioned in Para 5 of the application for Substitution that death of the deceased respondent No. 1 in SLP(C) No. 5546 of 2015 is not registered anywhere. The said Counsel has on 26.02.2016 filed a letter (copy enclosed) stating therein that he is not able to produce death certificate of deceased Respondent No. 1 and said defect may be ignored. As per letter Respondent No. 1 in SLP(C) No. 5546 of 2015 has expired on 01.01.2005. On the basis of said date of death there is a delay of 3881 days in filing substitution application in respect of deceased Respondent No. 1 in SLP(C) No. 5546 of 2015. There is a delay of 3586 days in filing application for substitution of Lrs of deceased Respondent No. 1 in SLP(C) No. 5549 of 2015. The Counsel has filed application for condonation of delay in filing substitution with prayer to set aside abatement. The application for condonation of delay in filing substitution have been registered as I.A.Nos. 5556.(Copy included in the paper books).
Service of show cause notice is incomplete in the SLP.
The applications abovementioned are listed before the Hon'ble Judge in Chambers with this office report.
Dated this the 22nd day of December, 2016.
ASSISTANT REGISTRAR
Copy to:
Mr. Anis Ahmad Khan, Advocate Mr. R. D. Upadhyay, Advocate Mr. Shakeel Ahmad, Advocate Mr. Ajit Sharma, Advocate. ASSISTANT REGISTRAR
s2
SECTION XI Before the Hon'ble IN THE SUPREME COURT OF INDIA Judge in Chamber CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NOS.2739
(Application for Impleadment as Respondent)
IN
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 554557 OF 2015 WITH PRAYER FOR INTERIM RELIEF
VERSUS
THE MANAGING COMMITTEE WAKF NO. 93 ...PETITIONERS
NASEEM ANWAR AND ANR. ETC. ETC. ...RESPONDENTS REVISED OFFICE REPORT FOR DIRECTIONS
Interlocutary Application Nos. 27 to 39 (Application for Impleadment as Respondent) alongwith and Office Report for directions dated 03.08.2016 in the matter abovementioned were listed before the Hon'ble Judge in Chamber on 22.08.2016, when the Court was pleased to pass the following order :
"As prayed for, three weeks' time is granted to learned counsel for the petitioner to file objection to the impleadment application."
It is submitted that Mr. Anis Ahmed Khan, Advocate for the Petitioner and Mr. Shakeel Ahmed, Advocate on behalf of Respondent No. 1 in SLP(C) No. 5555 of 2015 have filed Objections/Replies to the applications for impleadment (I.A.Nos. 2739) on 29.08.2016 and 01.09.2016 respectively. Mr. Ajit Sharma, Advocate for the applicant has on 26.09.2016 filed Rejoinder Affiadavit in the applications for impleadment (I.A.Nos. 2739) with the permission of the Hon'ble Court. Copies of the same have been included in the paper books.
It is further submitted that Counsel for the Petitioner has not taken fresh steps to serve the unserved respondents.
It is submitted that Mr. Anis Ahmed Khan, Advocate for the petitioner has on 16.11.2015 filed application for Substitution of deceased Respondent No. 1 in SLP 5546/2015 and SLP 5549/2015 respectively but the same is still defective for the following reasons:
-
Application for setting aside abatement not filed.
-
Delay period cannot be ascertained in the absence of proof of death in respect of Deceased Respondent No. 1 in SLP 5546/2015. The counsel has mentioned in Para 5 of the application that death of the deceased respondents is not registered anywhere, and petitioner tried to find out the documents, if any to the effect, but failed.
-
- Delay days not mentioned in the application for Condonation of Delay.
-
- Avertment that "there is no other legal heir" has not been given in the application.
It is submitted that regarding defect No. 2 mentioned above counsel for the Petitioner has on 26.02.2016 filed a letter stating therein that he is not able to produce death certificate of deceased Respondent No. 1 and said defect may be ignored (copy enclosed).
An Office Report is listed before the Hon'ble Judge in Chamber for directions. Dated this the 27th day of September, 2016.
ASSISTANT REGISTRAR
Copy to:
Mr. Anis Ahmad Khan, Advocate Mr. R. D. Upadhyay, Advocate Mr. Shakeel Ahmad, Advocate Mr. Ajit Sharma, Advocate. ASSISTANT REGISTRAR
s2
SECTION XI Before the Hon'ble IN THE SUPREME COURT OF INDIA Judge in Chamber CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 554557 OF 2015
WITH PRAYER FOR INTERIM RELIEF
WITH
INTERLOCUTORY APPLICATION NOS.2739
(Application for Impleadment as Respondent)
THE MANAGING COMMITTEE WAKF NO. 93 ...PETITIONERS
NASEEM ANWAR AND ANR. ETC. ETC. ...RESPONDENTS
OFFICE REPORT FOR DIRECTIONS
The Office Report dated 11.12.2015 was listed before the Hon'ble Judge in
VERSUS
Chamber on 19.02.2016, when the Court was pleased to pass the following order :
"Steps to serve unserved respondents be taken within three weeks and defects in application(s) for substitution be removed within three weeks."
It is submitted that there are total 17 respondents. Notice was issued to all the
17 respondents on 30.03.2015 through registered A.D. post.
| S.<br>No. | SLP No. | Total<br>Respondents | Served<br>Respondents | Unserved<br>Respondents | Remarks |
|---|---|---|---|---|---|
| 1 | 5545/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 21.09.2015. | 2 | Incomplete |
| 2 | 5546/2015 | 2 | | 2 | Respondent No.<br>1 is reported to<br>be dead as per<br>Postal Remarks. |
| 3 | 5547/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015. | 2 | Incomplete |
| 4 | 5548/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed in 24.09.2015 | 2 | Incomplete |
|---|---|---|---|---|---|
| 5 | 5549/2015 | 2 | | 2 | Respondent No.<br>1 is reported<br>dead as per<br>Postal Remarks.<br>Incomplete. |
| 6 | 5550/2015 | 5 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>Nos. 14 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 5 | Incomplete |
| 7 | 5551/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 2 | Incomplete |
| 8 | 5552/2015 | 2 | | Both | Incomplete |
| 9 | 5553/2015 | 2 | | Both | Incomplete |
| 10 | 5554/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 and<br>Counter Affidavit has<br>been filed. | 2 | Incomplete |
| 11 | 5555/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 and<br>Counter Affidavit has<br>been filed. | 2 | Incomplete |
| 12 | 5556/2015 | 2 | | Both | Incomplete |
| 13 | 5557/2015 | 2 | Vakalatnama and | 2 | Incomplete |
| memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter |
|---|
| Affidavit has been |
| filed on 24.09.2015 |
It is submitted that Counsel for the Petitioner has not taken fresh steps to serve the unserved respondents.
It is submitted that Mr. Anis Ahmed Khan, Advocate for the petitioner has on 16.11.2015 filed application for Substitution of deceased Respondent No. 1 in SLP 5546/2015 and SLP 5549/2015 respectively but the same is defective for the following reasons:
-
Application for setting aside abatement not filed.
-
Delay period cannot be ascertained in the absence of proof of death in respect of Deceased Respondent No. 1 in SLP 5546/2015. The counsel has mentioned in Para 5 of the application that death of the deceased respondents is not registered anywhere, and petitioner tried to find out the documents, if any to the effect, but failed.
-
Delay days not mentioned in the application for Condonation of Delay.
-
Avertment that "there is no other legal heir" has not been given in the application.
It is submitted that regarding defect No. 2 mentioned above Counsel for the Petitioner has on 26.02.2016 filed a letter stating therein that he is not able to produce death certificate of deceased Respondent No. 1and said defect may be ignored (copy enclosed).
It is submitted that Mr. Ajit Sharma, Advocate has on 28.08.2015 filed an application for Impleadment as Respondent on behalf of Applicant along with Vakalatnama and memo of appearance. The said application is registered as I.A Nos. 2739 and are listed before the Hon'ble Judge in Chamber with this office report.
Dated this the 03rd day of August, 2016.
ASSISTANT REGISTRAR
Copy to:
Mr. Anis Ahmad Khan, Advocate Mr. R. D. Upadhyay, Advocate Mr. Shakeel Ahmad, Advocate Mr. Ajit Sharma, Advocate. ASSISTANT REGISTRAR
| S.<br>No. | SLP No. | Total<br>Respondents | Served<br>Respondents | Unsrved<br>Respondents | Remarks |
|---|---|---|---|---|---|
| 1 | 5545/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr.<br>Shakeel Ahmad, Advocate<br>in respect of Respondent<br>No. 1 and Counter<br>Affidavit has been filed on<br>21.09.2015.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
| 2 | 5546/2015 | 2 | Respondent No. 2 is<br>served by Dasti. | 1 | Respondent No. 1<br>is reported to be<br>dead as per Postal<br>Remarks. |
| 3 | 5547/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr.<br>Shakeel Ahmad, Advocate<br>in respect of Respondent<br>No. 1 and Counter<br>Affidavit has been filed on<br>24.09.2015.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
| 4 | 5548/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr.<br>Shakeel Ahmad, Advocate<br>in respect of Respondent<br>No. 1 and Counter<br>Affidavit has been filed in<br>24.09.2015.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
| 5 | 5549/2015 | 2 | Respondent No. 2 is<br>served by Dasti. | 1 | Respondent No. 1<br>is reported dead as<br>per Postal Remarks.<br>Incomplete. |
| 6 | 5550/2015 | 5 | Vakalatnama and memo of<br>appearance filed by Mr.<br>Shakeel Ahmad, Advocate<br>in respect of Respondent<br>Nos. 14 and Counter<br>Affidavit has been filed on<br>24.09.2015.<br>Respondent No. 5 is<br>served by Dasti. | | Complete |
| 7 | 5551/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr.<br>Shakeel Ahmad, Advocate<br>in respect of Respondent<br>No. 1 and Counter<br>Affidavit has been filed on<br>24.09.2015.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
| 8 | 5552/2015 | 2 | Respondent No. 1 & 2 is | | Complete |
| served by Dasti. | |||||
|---|---|---|---|---|---|
| 9 | 5553/2015 | 2 | Respondent No. 1 & 2 is<br>served by Dasti. | | Complete |
| 10 | 5554/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr. R.<br>D. Upadhyay , Advocate in<br>respect of Respondent No.<br>1 and Counter Affidavit<br>has been filed.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
| 11 | 5555/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr. R.<br>D. Upadhyay , Advocate in<br>respect of Respondent No.<br>1 and Counter Affidavit<br>has been filed.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
| 12 | 5556/2015 | 2 | Respondent No. 1 & 2 is<br>served by Dasti. | | Complete |
| 13 | 5557/2015 | 2 | Vakalatnama and memo of<br>appearance filed by Mr.<br>Shakeel Ahmad, Advocate<br>in respect of Respondent<br>No. 1 and Counter<br>Affidavit has been filed on<br>24.09.2015.<br>Respondent No. 2 is<br>served by Dasti. | | Complete |
The Office Report for Directions is yet to be listed before the Hon'ble Judge in Chamber .
SECTION XI Before the Hon'ble IN THE SUPREME COURT OF INDIA Judge in Chamber CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NOS.2739
(Application for Impleadment as Respondent)
IN
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 554557 OF 2015 WITH PRAYER FOR INTERIM RELIEF
THE MANAGING COMMITTEE WAKF NO. 93 ...PETITIONERS
VERSUS
NASEEM ANWAR AND ANR. ETC. ETC. ...RESPONDENTS
OFFICE REPORT
The matter above mentioned was listed before the Court of Registrar on
18.11.2015, when the Court was pleased to pass the following order :
"Ld. counsel for the petitioner has filed an application for substitution to bring on record the Lrs of the deceased respondent No. 1 in SLP(C) No. 5546 & 5549/2015 which is defective. Ld. counsel shall within a period of four weeks cure the defects whatever have been found in the said application.
Ld. counsel for the petitioner is directed to take fresh steps in respect of the unserved respondents within four weeks.
Ld. counsel for the petitioner has filed an application for impleadment. The said I.A. shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders and list thereafter."
It is submitted that there are total 17 respondents. Notice was issued to all the
17 respondents on 30.03.2015 through registered A.D. post.
| S.<br>No. | SLP No. | Total<br>Respondents | Served<br>Respondents | Unserved<br>Respondents | Remarks |
|---|---|---|---|---|---|
| 1 | 5545/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 21.09.2015. | 2 | Incomplete |
| 2 | 5546/2015 | 2 | | 2 | Respondent No.<br>1 is reported to<br>be dead as per<br>Postal Remarks. |
| 3 | 5547/2015 | 2 | Vakalatnama and | 2 | Incomplete |
| memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015. | |||||
|---|---|---|---|---|---|
| 4 | 5548/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed in 24.09.2015 | 2 | Incomplete |
| 5 | 5549/2015 | 2 | | 2 | Respondent No.<br>1 is reported<br>dead as per<br>Postal Remarks.<br>Incomplete. |
| 6 | 5550/2015 | 5 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>Nos. 14 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 5 | Incomplete |
| 7 | 5551/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 2 | Incomplete |
| 8 | 5552/2015 | 2 | | Both | Incomplete |
| 9 | 5553/2015 | 2 | | Both | Incomplete |
| 10 | 5554/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 and<br>Counter Affidavit has<br>been filed. | 2 | Incomplete |
| 11 | 5555/2015 | 2 | Vakalatnama and<br>memo of appearance | 2 | Incomplete |
| filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 and<br>Counter Affidavit has<br>been filed. | |||||
|---|---|---|---|---|---|
| 12 | 5556/2015 | 2 | | Both | Incomplete |
| 13 | 5557/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 2 | Incomplete |
It is submitted that Mr. Anis Ahmed Khan, Advocate for the petitioner has on 16.11.2015 filed application for Substitution of deceased Respondent No. 1 in SLP 5546/2015 and SLP 5549/2015 respectively but the same is defective for the following reasons:
-
Application for setting aside adbatement not filed.
-
Delay period cannot be ascertained in the absence of proof of death in respect of Deceased Respondent No. 1 in SLP 5546/2015. The counsel has mentioned in Para 5 of the application that death of the deceased respondents is not registered anywhere, and petitioner tried to find out the documents, if any to the effect, but failed.
-
Delay days not mentioned in the applicatio of Condonation of Delay.
-
Avertment that "there is no other legal heir" has not been given in the application.
It is submitted that Mr. Ajit Sharma, Advocate has on 28.08.2015 filed an application for Impleadment as Respondent on behalf of Applicant along with Vakalatnama and memo of appearance. The said application is registered as I.A Nos. 2739 and are listed before the Hon'ble Judge in Chamber with this office report.
Dated this the 11th day of December, 2015.
ASSISTANT REGISTRAR
Mr. Anis Ahmad Khan, Advocate Mr. R. D. Upadhyay, Advocate Mr. Shakeel Ahmad, Advocate Mr. Ajit Sharma, Advocate.
ASSISTANT REGISTRAR
S2
SECTION XI LISTED ON: 18.11.2015 IN THE SUPREME COURT OF INDIA RCourt No. 2 CIVIL APPELLATE JURISDICTION Item No. 47
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 554557 OF 2015 WITH PRAYER FOR INTERIM RELIEF
THE MANAGING COMMITTEE WAKF NO. 93 ...PETITIONERS
VERSUS
NASEEM ANWAR AND ANR. ETC. ETC. ...RESPONDENTS
OFFICE REPORT
The matter above mentioned was listed before the Hon'ble Court on
24.08.2015, when the Court was pleased to pass the following order :
"The office report indicates that Respondent No. 1 in SLP © No. 5546/2015 and 5549/2015 has expired. The learned counsel for the petitioner shall within a period of four weeks file an application for substitution to bring on record the Lrs. Of the said respondents.
The served respondents shall be at liberty to file the counter affidavit within a period of four weeks.
Await the return of the service of notice already issued to the respondent.
List again on 18.11.2015 "
It is submitted that there are total 17 respondents. Notice issued to all the 17
respondents on 30.03.2015 through registered A.D. post.
| S.<br>No. | SLP No. | Total<br>Respondents | Served<br>Respondents | Unserved<br>Respondents | Remarks |
|---|---|---|---|---|---|
| 1 | 5545/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 21.09.2015. | 2 | Incomplete |
| 2 | 5546/2015 | 2 | | 2 | Respondent No.<br>1 is reported to<br>be dead as per<br>Postal Remarks. |
| 3 | 5547/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter | 2 | Incomplete |
| Affidavit has been<br>filed on 24.09.2015. | |||||
|---|---|---|---|---|---|
| 4 | 5548/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed in 24.09.2015 | 2 | Incomplete |
| 5 | 5549/2015 | 2 | | 2 | Respondent No.<br>1 is reported<br>dead as per<br>Postal Remarks.<br>Incomplete. |
| 6 | 5550/2015 | 5 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>Nos. 14 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 5 | Incomplete |
| 7 | 5551/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 2 | Incomplete |
| 8 | 5552/2015 | 2 | | Both | Incomplete |
| 9 | 5553/2015 | 2 | | Both | Incomplete |
| 10 | 5554/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 and<br>Counter Affidavit has<br>been filed. | 2 | Incomplete |
| 11 | 5555/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 and<br>Counter Affidavit has | 2 | Incomplete |
| been filed. | |||||
|---|---|---|---|---|---|
| 12 | 5556/2015 | 2 | | Both | Incomplete |
| 13 | 5557/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 and Counter<br>Affidavit has been<br>filed on 24.09.2015 | 2 | Incomplete |
It is submitted that Mr. Ajit Sharma, Advocate has on 28.08.2015 filed an application for Impleadment as Respondent on behalf of Applicant along with Vakalatnama and memo of appearance. The said application is registered as I.A Nos. 2739 and yet to be listed before Hon'ble Judge in Chamber.
It is submitted that Mr. Anis Ahmed Khan, Advocate for the petitioner has on 16.11.2015 filed application for Substitution of deceased Respondent No. 1 in SLP 5546/2015 and SLP 5549/2015 respectively but the same is defective for the following reasons:
-
Application for setting aside adbatement not filed.
-
Delay period cannot be ascertained in the absence of proof of death in respect of Deceased Respondent No. 1 in SLP 5546/2015. The counsel has mentioned in Para 5 of the application that death of the deceased respondents is not registered anywhere, and petitioner tried to find out the documents, if any to the effect, but failed.
-
Delay days not mentioned in the applicatio of Condonation of Delay.
-
Avertment that "there is no other legal heir" has not been given in the application.
The matters above mentioned are listed before the Ld. Resgistrar with this office report.
Dated this the 17th day of November, 2015.
ASSISTANT REGISTRAR
Copy to: Mr. Anis Ahmad Khan, Advocate Mr. R. D. Upadhyay, Advocate Mr. Shakeel Ahmad, Advocate
ASSISTANT REGISTRAR
SECTION XI LISTED ON: 24.08.2015 IN THE SUPREME COURT OF INDIA RCourt No. 2 CIVIL APPELLATE JURISDICTION Item No. 108
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 554557 OF 2015 WITH PRAYER FOR INTERIM RELIEF
THE MANAGING COMMITTEE WAKF NO. 93 ...PETITIONERS
VERSUS
NASEEM ANWAR AND ANR. ETC. ETC. ...RESPONDENTS
OFFICE REPORT
The matter above mentioned was listed before the Court of Registrar on
05.05.2015, when the following order was passed:
"Ms.Asha Upadhyay, Learned counsel has appeared on behalf of the respondent No. 1. She has stated that she has already filed the
vakalatnama. Office shall verify the position and report accordingly. The Learned counsel seeks and is given four weeks' time to file the
counter affidavit.
Await the return of the service of notice already issued to the other respondents.
List again on 24.8.2015. "
It is submitted that there are total 17 respondents. Notice issued to all the 17
respondents on 30.03.2015 through registered A.D. post.
| S.<br>No. | SLP No. | Total<br>Respondents | Served<br>Respondents | Unserved<br>Respondents | Remarks |
|---|---|---|---|---|---|
| 1 | 5545/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 but no Counter<br>Affidavit has been<br>filed. | 2 | Incomplete |
| 2 | 5546/2015 | 2 | | 2 | Respondent No.<br>1 is reported to<br>be dead as per<br>Postal Remarks. |
| 3 | 5547/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 but no Counter<br>Affidavit has been<br>filed. | 2 | Incomplete |
| 4 | 5548/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 but no Counter<br>Affidavit has been<br>filed. | 2 | Incomplete |
|---|---|---|---|---|---|
| 5 | 5549/2015 | 2 | | 2 | Respondent No.<br>1 is reported<br>dead as per<br>Postal Remarks.<br>Incomplete. |
| 6 | 5550/2015 | 5 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>Nos. 14 but no<br>Counter Affidavit has<br>been filed. | 5 | Incomplete |
| 7 | 5551/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel<br>Ahmad, Advocate in<br>respect of Respondent<br>No. 1 but no Counter<br>Affidavit has been<br>filed. | 2 | Incomplete |
| 8 | 5552/2015 | 2 | | Both | Incomplete |
| 9 | 5553/2015 | 2 | | Both | Incomplete |
| 10 | 5554/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 but<br>no Counter Affidavit<br>has been filed. | 2 | Incomplete |
| 11 | 5555/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. R. D.<br>Upadhyay , Advocate<br>in respect of<br>Respondent No. 1 but<br>no Counter Affidavit<br>has been filed. | 2 | Incomplete |
| 12 | 5556/2015 | 2 | | Both | Incomplete |
| 13 | 5557/2015 | 2 | Vakalatnama and<br>memo of appearance<br>filed by Mr. Shakeel | 2 | Incomplete |
|---|---|---|---|---|---|
| Ahmad, Advocate in<br>respect of Respondent<br>No. 1 but no Counter<br>Affidavit has been<br>filed. |
The matters above mentioned are listed before the Court of Ld. Registrar with this office report.
Dated this the 21st day of August, 2015.
ASSISTANT REGISTRAR
Copy to:
Mr. Anis Ahmad Khan, Advocate Mr. R. D. Upadhyay, Advocate Mr. Shakeel Ahmad, Advocate
ASSISTANT REGISTRAR
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