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  NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.284 OF 2016 (Arising out of SLP ( C) No. 4639 of 2015)

KASAMSHA RAMJANISHA DIWAN  APPELLANT                                           VERSUS

GUJARAT STATE WAKF BOARD AND ANR.     RESPONDENTS

 J U D G M E N T      KURIAN,J.    

Leave granted     2. The issues pertain to certain disputes with regard  to the Bala Pir Trust.  In the nature of the order we propose  to pass, it is unnecessary to go into the factual matrix of the  case.  The learned Single Judge though was of the view that the  disputes  should  be  worked  out  before  the  Civil  Court,  yet  remanded  the  matter  to  the  Gujarat  State  Wakf  Board.   The  Division Bench of the High Court as per the impugned judgment  dated 01.05.2014, allowed the appeal modifying that part of the  order passed by the learned Single Judge and vacated the order  on remand. 3. We find from the order dated 03.03.2006 in Special  Civil Application No. 14540 of 2004 and connected matters that  the learned Single Judge had passed an interim order.  The  operative portion and to the extent relevant the order dated

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- 2 - 03.03.2006 reads as follows :

“2.....It appears that there is inter se dispute  amongst the Trustees of the Trust.  The decision of  the WAKF Board is under challenge in the main Special  Civil Application and this Court has by interim order  stayed the decision of the WAKF Board.  It further  appears  that  the  Trust  is  having  property,  which  includes the income of donation, which may be given by  the devotees who visit Balapir Dargah.  With a view to  see that on account of the inter se dispute amongst  the Trustees and during the pendency of this petition,  the  property  of  the  Trust  is  taken  care  and  not  adversely affected, it would be just and proper if the  District  Collector  directs  the  local  Mamlatdar  to  apply seal to the donation box of the said Dargah.

3.Further, at the interval of every month, the said  donation  box  may  be  opened  by  the  Mamltardar  in  presence of the Trustees and the amount, which may be  received, shall be credited in a separate bank account  of the Trust.  Meeting of the Trust shall also be held  under the Chairmanship of the Mamlatdar and Trustees  and after the resolutions are passed by the Trustees  for  incurring  of  expenses  for  maintenance  of  the  properties  of the  Trust, the  amount which  is being  received as donation from the donation box shall be  utilised  for  making  payment  through  account  payee  cheque.   For  such  purpose,  there  may  be  the  association  of  Mamlatdar  with  atleast  two  Trustees,  one may be from the group of the petitioner and the  another may be respondent Nos. 2 & 3.

4.  The  Collector  shall  authorise  the  local  Mamlatdar for compliance of the aforesaid order and  the aforesaid arrangement shall continue until final  disposal of the petition. 5. It is made clear that such arrangement shall be  only for maintenance and preservation of the property  and for incurring routine and day to day expenses but  none of the trustees shall take decision for disposal  of  immovable  property  of  the  Trust  until  final  disposal of the petition.”

4. We permit the appellant to work out the remedy, as  per the liberty granted to the appellant in the impugned  judgment,  before  an  appropriate  forum  and  initiate  the  process within a period of one month.

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5. The appellant may also seek appropriate interim  relief from the authority concerned. 6. However, in the interest of both the parties, we  are  of  the  view  that  the  interim  order  which  we  have  extracted above shall continue for a period of eight weeks so  as to enable the appellant to work out the remedies.  Ordered  accordingly. 7. We make it clear that we have not considered the  rival contentions of the parties and we have not expressed  any opinion on the merits of the case.  It will be open to  the parties to raise all available contentions before the  forum concerned.  It is for that forum to pass appropriate  and required orders including  any order on interim relief. 8. The appeal is disposed of as above with no order as to  costs.

    ....................J. [KURIAN JOSEPH]  

   ....................J.    [ROHINTON FALI NARIMAN

NEW DELHI; JANUARY 18, 2016