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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.8298 OF 2015           (Arising out of SLP(C)No.21306 of 2014)

      MAHABOOSA BEGUM & ORS .      ... APPELLANT(S)                  VS.

      TAMIL NADU WAKF BOARD & ANR          ... RESPONDENT(S)

   J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Upon perusal of the impugned judgment, we find that  

the examination of the witnesses was objected.  Ultimately  

the production of the documents was also objected and the  

High Court set aside the sale.

3. In  our  opinion,  at  this  juncture,  the  High  Court  

should not have objected to the examination of witnesses  

and production of documents.

4. Needless to say that it would be open to the parties  

to  raise  all  contentions  available  to  them  at  law  and  

produce documents, which should have been produced before  

the trial court.

5. In the circumstances we set aside the impugned order  

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and the interim relief granted by this Court is vacated.

6. The learned counsel appearing for the parties desire  

that the trial court be requested to conclude the trial at  

an early date.

7. We are sure that the learned counsel appearing for  

the  parties  before  the  trial  court  shall  extend  their  

cooperation to the trial court.  The trial court shall  

proceed  with  the  trial  and  conclude  it  as  soon  as  

possible.

8. The parties are directed to appear before the trial  

court on 2nd November, 2015.  Intimation of this order be  

forwarded to the trial court forthwith.

9. The appeal is disposed of as allowed with no order as  

to costs.

       ..............J.

[ANIL R. DAVE]

..............J. [ADARSH KUMAR GOEL]

New Delhi; 6th October, 2015.

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