Javed Akhtar vs. Salma Parveen

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.(s).4325 OF 2018 (Arising out of SLP(C)No.10903 OF 2018 @ Diary No.3217 of 2018)

TAFFAJUL HUSSAIN Appellant(s)

VERSUS

HABIB-UL-RAHMAN & ORS. Respondent(s)

WITH

CIVIL APPEAL NO.(s). 4328 OF 2018 (Arising out of SLP(C) No. 5205/2018)

CIVIL APPEAL NO.(s). 4327 OF 2018 (Arising out of SLP(C) No. 5190/2018)

CIVIL APPEAL NO.(s). 4326 OF 2018 (Arising out of SLP(C) No. 5186/2018)

O R D E R

Delay condoned.

Leave granted.

The appellant was compelled to approach this Court since the Wakf Tribunal in the State of Uttarakhand was not functioning.

Pursuant to our Order dated 26th March, 2018, an affidavit has been filed by the Chief Secretary of the State that the Members in the Wakf Tribunal have been appointed and the said Tribunal has now started functioning. It is also specifically stated in the said affidavit that the the Wakf Tribunal in the Kumaon Division is functioning since the required quorum is complete. Digitally signed by MAHABIR SINGH Date: 2018.05.08 17:16:55 IST Reason: Signature Not Verified

In view of above, the appeals are disposed of permitting the appellants to approach the said Tribunal by way of filing a proper petition.

We make it clear that in case the Tribunal concerned is approached by the appellants within thirty days from today, the same shall be treated to have been filed in time and the same be decided on merits and in accordance with law.

..........................J. (KURIAN JOSEPH)

..........................J. (MOHAN M. SHANTANAGOUDAR)

..........................J. (NAVIN SINHA)

NEW DELHI, APRIL 24, 2018. ITEM NO.9 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3217/2018 (Arising out of impugned final judgment and order dated 28-12-2016 in WPMS No. 3443/2016 passed by the High Court Of Uttarakhand At Nainital) TAFFAJUL HUSSAIN Petitioner(s) VERSUS HABIB-UL-RAHMAN & ORS. Respondent(s) (IA No.24839/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.24840/2018-EXEMPTION FROM FILING O.T., I.A. NO.24837/2018 – Appln. For condonation of delay in filing SLP) WITH SLP(C) No. 5205/2018 (X) (With I.A. NO.25980/2018 – Exemption from filing C/c of the impugned judgment) SLP(C) No. 5190/2018 (X) (With I.A. NO.25937/2018 – Exemption from filing C/c of the impugned judgment) SLP(C) No. 5186/2018 (X) Date : 24-04-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Dr. Sumant Bharadwaj,Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. Manoj Kumar,Adv. For Respondent(s) Mr. Vinay Arora, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted.

In terms of the signed order, the appeals are disposed of. Pending applications, if any, shall also stand disposed of.

(MAHABIR SINGH) (TAPAN KUMAR CHAKRABORTY) COURT MASTER BRANCH OFFICER (Signed order is placed on the file)

REVISED

ITEM NO.9 COURT NO.5 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3217/2018

(Arising out of impugned final judgment and order dated 28-12-2016 in WPMS No. 3443/2016 passed by the High Court Of Uttarakhand At Nainital)

TAFFAJUL HUSSAIN Petitioner(s)

VERSUS

HABIB-UL-RAHMAN & ORS. Respondent(s)

(IA No.24839/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.24840/2018-EXEMPTION FROM FILING O.T., I.A. NO.24837/2018 – Appln. For condonation of delay in filing SLP) WITH SLP(C) No. 5205/2018 (X) (With I.A. NO.25980/2018 – Exemption from filing C/c of the impugned judgment) SLP(C) No. 5190/2018 (X) (With I.A. NO.25937/2018 – Exemption from filing C/c of the impugned judgment) SLP(C) No. 5186/2018 (X)

Date : 24-04-2018 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE NAVIN SINHA

For Petitioner(s) Dr. Sumant Bharadwaj,Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. Manoj Kumar,Adv.

For Respondent(s) Mr. Vinay Arora, AOR

UPON hearing the counsel the Court made the following O R D E R Delay condoned.

Leave granted.

In terms of the signed order, the appeals are disposed of.

Pending applications, if any, shall also stand disposed of.

(MAHABIR SINGH) (TAPAN KUMAR CHAKRABORTY) COURT MASTER BRANCH OFFICER (Corrected Signed order is placed on the file)