HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 334/2024 M/s Krishna Krapa Builders ----Petitioner Versus Intejamiya Wakf Committee ----Respondent Connected With S.B. Civil Miscellaneous Application No. 335/2024 M/s Krishna Krapa Builders ----Petitioner Versus Wakf Committee Jama Masjid ----Respondent For Petitioner(s) : Mr. M. M. Ranjan, Sr. Adv. with Mr. Lokesh Tiwari For Respondent(s) : Mr. Manak Chand Jain with Mr. Prayag Jain, Mr. Asgar Khan, Mr. Govind Gupta HON'BLE MR. JUSTICE MANEESH SHARMA

Order

19/11/2025 In I.A. No. 1/2025:

1. These present applications have been filed by the applicant under Section 83 of the Wakf Act, 1995 assailing the judgment and decree dated 20.11.2024, whereby the suits bearing Nos. 2/2015 and 12/2018 filed by the plaintiffs/respondents have been decreed.

2. Matter comes up on an application (I.A. No. 1/2025) filed by the applicant under Section 151 of the Code of Civil Procedure, 1908, seeking appropriate orders on Stay Application No.

4945/2024.

3. With the consent of the parties, the stay application was heard on merits.

4. Learned counsel for the applicant submits that the learned Wakf Tribunal erred in decreeing the suit in favour of the plaintiffs/respondents and in declaring the proceedings under Section 90B of the Rajasthan Land Revenue Act, 1956 as well as the Patta dated 02.02.2013 to be null and void. He further submits that, during the pendency of the present original/main application, if the impugned judgment and decree are enforced or executed, it will result in substantial prejudice and irreparable damage to the applicant; therefore, he prays that the stay application may kindly be allowed, and operation of the impugned judgment and decree dated 20.11.2024 may kindly be stayed.

5. Per contra, learned counsel for the non-applicant opposes the submissions advanced by the learned counsel for the applicant and supports the impugned judgment and decree dated

20.11.2024. 6. Heard.

7. Upon a careful perusal of the record, this Court is of the considered opinion that in the present original/main applications, questions of fact and law are required to be adjudicated on merits, and therefore, in order to protect the right of the applicant, the subject matter of the present case needs to be preserved.

8. Therefore, in the interest of justice, this Court deems it just and proper to direct all the parties to maintain the status quo with respect to the disputed property as exists today, till disposal of the present civil miscellaneous applications.

9. Accordingly, the stay applications in both the civil miscellaneous applications are disposed of.

In I.A. No. 2/2025:

1. Matter also comes up on an application (I.A. No. 2/2025) filed by the respondent under Section 151 of the Code of Civil Procedure, 1908, seeking to implead Plaintiff Nos. 3 – Khalil Budana and 4 – Kadir Ahmed as party respondents.

2. Learned counsel for the applicant submits that he has no objection to the said application and to the impleadment of Plaintiff No. 3 – Khalil Budana and Plaintiff No.4 – Kadir Ahmed as party respondents.

3. For the reasons stated in the application (I.A. No. 2/2025), the same is allowed. Amended cause title to be filed within a period of two weeks from today.

4. List these matters after six weeks for final hearing.

(MANEESH SHARMA),J Seema/36-37