The Delhi Wakf Board v. Hamdard National Foundation (I)

ORDER %

01.11.2012

¶1The four appeals lay a challenge to a common judgment and decree dated December 23, 2011 decreeing four suits registered as CS(OS) No.l 16/1972, 117/1972, 118/1972 and 119/1972.

¶2Four institutions; namely ; Hamdard Dawaldiana Wakf; Institute of Islamic Studies (re-named : Jamia Hamdard); Institute of History of Medicine and Medical Research (re-named : Jamia Hamdard); and Hamdard National Foundation, were the plaintiffs and had sought declaration that the notification dated December 12, 1970 published in the Delhi Gazette on December 19, 1970 be declared illegal and void with refererice to the entries No.63, 63(a), 63(h) and 64.

¶3It is apparentthat the challengewas to the propertiesof the plaintiff(s) being hable to be subject to the authorityof the Delhi WakfBoardin the page 2 of3 context of the provisions of the Wakf Act 1954.

¶4View taken by the learned Single Judge is that the subject properties were not subject to be administered under the Wakf Act 1954.

¶5The appeals were admittedafter notice on September04, 2012 and it was indicated to learned counsel for the appellants that one set appeal paper book be prepared expeditiously for the reason as on said date this Court was left with only about 10 appeals for the year 2011 and about 20 appeals pertaining to the current year i.e. 2012, to be heard. It was indicated that the appeals are likely to come up for hearing within the next three months.

¶6The appeals had come up for hearing yesterday but were kept on the Board since none had appeared for the appellant. Learned counsel as above had appeared yesterday for the respondents.

¶7The appeals have reached for hearing once again today and have been called out. None appears for the appellant in either appeal. Appeal paper book has not been filed till date.

¶8The appeals are accordingly dismissed for non-prosecution.

¶9No costs.

UOG, J. PRADEEP NANDRA. NOVEMBER 01, 2012 dk MANMOHAN SINGH^J. fwn CM-page 3 of3

<• c * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 42/2012 THE DELHI WAKF BOARD Appellant Represented by : Nemo. versus HAMDARD NATIONAL FOUNDATION (I) ... Respondent Represented by : Mr.J.K.Seth, Senior Advocate instructed by Ms.Shalini Kapoor, and Mr.Promil Seth, Advocates. And RFArOS) 43/2012 THE DELHI WAKF BOARD Appellant Represented by : Nemo. versus JAMIA HAMDARD ... Respondent Represented by : Mr.J.K.Seth, Senior Advocate instructed by Ms.Shalini Kapoor, and Mr.Promil Seth, Advocates. And RFA(OS) 44/2012 THE DELHI WAKF BOARD Appellant Represented by : Nemo. versus HAMDARD (WAKF) LABORATORIES ...Respondent Represented by : Mr.J.K.Seth, Senior Advocate instructed by Ms.Shalini Kapoor, and Mr.Promil Seth, Advocates. page 1 of3 And ^ RFArOS) 45/2012 THE DELHI WAKF BOARD Appellant Represented by :None. versus JAMIA HAMDARD ... Respondent Represented by : MrJ.K.Seth, Senior Advocate instructed by Ms.Shalini Kapoor, and Mr.Promil Seth, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH