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High Court of DelhiW.P.(C)/11096/2017

Abdul Naim And ORS. v. Delhi Waqf Board And ANR.

2018-05-09Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11096/2017 & CM APP No.45367/2017 ABDUL NAIM AND ORS.

..... Petitioners Through :

Mr. Syed Hasan Isfahani, Adv.

versus DELHI WAQF BOARD AND ANR. ..... Respondents Through :

Mr. Tariq Adeeb, Adv. for R-1.

Mr. Naushad Ahmad Khan, ASC for GNCTD with Mr. Devesh Dubey, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 09.05.2018 1.

Learned counsel for the petitioners says that since the Delhi WAQF Board ("Board") has been constituted, he would like to withdraw the captioned writ petition and prosecute his suit pending before it. 1.2 It is further submitted by counsel for the petitioners that suit lodged with the Board is listed for hearing on 24.9.2018. 1.3 Learned counsel seeks continuation of the interim order dated 13.12.2017, passed by this court, till the petitioners' interlocutory application is taken up for hearing.

2.

In these circumstances, the writ petition is disposed of with liberty to the petitioners to prosecute their suit before the Board. The interim order W.P.(C) 11096/2017

dated 30.11.2017 shall continue to operate till petitioners‟ interlocutory application is taken up for hearing by the Board. For this purpose suit and interlocutory applications will be placed before the Board on 30.5.2018. 2.1 Accordingly, the pending application stand closed. 3.

At this stage, Mr. Tariq Adeeb, who appears for the Board, says that the Division Bench of this court in bunch of petitions has issued certain interim directions.

3.1 To be noted, interim orders, if any, passed by the Division Bench have not been placed before me.

4.

Given this submission, it is made clear that the respondents will be at liberty to bring to the notice of the Tribunal any such orders passed by the Division Bench of this Court. The Tribunal after hearing the parties will pass an appropriate order which would include the authority to modify or vacate the order dated 30.11.2017 RAJIV SHAKDHER, J MAY 09, 2018 mk W.P.(C) 11096/2017