Haryana Wakf Board, Ambala Cantt. v. Shashi Patni And ANR.

`11IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5921 of 2013 (O & M) Date of decision: 08.05.2017 Haryana Wakf Board ....Petitioner(s)

Versus

Shashi Patni and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. B.S. Bedi, Advocate, for the appellant.

Mr. Harkesh Manuja, Advocate, for respondent no. 1.

G.S.SANDHAWALIA, J. (Oral) The appellant challenges the order dated 21.09.2013 whereby, the ad interim injunction application was declined by the Additional District Judge, Panipat while exercising the powers of the Wakf Tribunal. Counsel for the appellant has pointed out that now the suit is fixed for 20.05.2017 and is ripe for arguments. It is pertinent to notice that on 29.01.2014, this Court directed parties to maintain status quo regarding the suit land. In view of this fact and since the matter is now at the fag end of trial, the present appeal is disposed of by protecting the possession of the appellant by continuing the order till the decision of the main proceedings before the Tribunal.

It is made clear that this Court has not observed on the merits of the controversy since a period of more than 3 years has expired since the interim relief was granted and since the proceedings are at the final stage before the Tribunal. Needless to say that the interim protection continued as such would not weigh with the Tribunal while deciding the main controversy. 08.05.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.05.