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2010 Supreme(Del) 726

MOOL CHAND GARG
MOHD. NAUMAN KHAN – Appellant
Versus
ABDUL MOEED – Respondent


Counsel for the Parties:
For the Appellants:Mr. M.A. Niyazi and Mr. Manish Kumar, Advocates.
For the Respondents:Mr. Ravinder Sethi, Sr. Adv. with Mr. Simran Mehta and Mr. Puneet Sharma, Advocates.

JUDGMENT

Mool Chand Garg, J.- This appeal raises a substantial question of law as to whether the Civil Courts have jurisdiction under Section 92 of the Code of Civil Procedure (CPC) to direct framing of scheme with respect to a management of the Wakf Property despite existence of the Wakf Board and Wakf Tribunal in the State.

2. To appreciate the controversy, it would be appropriate to take note of the prayer made by the appellant, who filed an application under Section 92 of the CPC for grant of leave for instituting a suit under Section 92 of the CPC against Mr. Abdul Moeed, Chief Mutawali, Hamdard (Wakf) Lab, Mr. Hammad Ahmed, Senior Mutawali, Hamdard (Wakf) Lab, Mr. Abdul Majid, s/o Mr. Abdul Moeed, Mutawali, Hamdard (Wakf) Lab., Mr. Asad Moeed, S/o Mr. Abdul Moeed, Mutawali, Hamdard (Wakf) Lab., Mr. Hamid Ahmed, s/o Mr. Hammad Ahmed, Mutawali, Hamdard (Wakf) Lab, Delhi Wakf Board, through Executive Officer, Delhi Wakf Board, Near Bachhon ka Ghar, Daryaganj, New Delhi-110002.

3. In the application filed under Section 92 of the CPC besides alleging various acts of mismanagement on the part of the respondent Nos. 1 to 5, it was pleaded that the entire facts and circumstances as sta





























































































































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