VALMIKI J. MEHTA, J. (ORAL)

I.A. No.17653/2015 (exemption)

1. Exemption allowed subject to just exceptions.

I.A. stands disposed of.

CS(OS) No.2537/2015 and I.A. No.17654/2015 (stay)

2. This is a suit filed by the plaintiff/Mr. Abdul Rashid, claiming himself to be a Mutawali, seeking the relief of permanent injunction effectively by which plaintiff wants that it should he held that he is in possession of the suit property being Dargah/Mazar Biwi Fatima, Kaka Nagar, New Delhi-110003 and that the sole defendant/Delhi Waqf Board be restrained from interfering with the possession of the plaintiff.

3. The suit is predicated on the averments that injunction should be granted because plaintiff is in possession of the suit property which is a Dargah/Mazar. The case of the plaintiff as per the plaint is that the plaintiff is in open and settled possession for the past 60 years and which is so stated in para 17 of the plaint. Plaintiff claims that plaintiff’s possession is being threatened by the sole defendant/Delhi Waqf Board and therefore plaintiff is entitled to injunction against the Delhi Waqf Board from dis-possessing the plaintiff.

4. At the time of arguments, counsel for