MAHABOOSA BEGUM Vs TAMIL NADU WAKF BOARD
Bench: ANIL R. DAVE,ADARSH KUMAR GOEL
Case number: C.A. No.-008298-008298 / 2015
Diary number: 22643 / 2014
Advocates: P. VINAY KUMAR Vs
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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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