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2025 DAILYLAW 18705 (DEL)

MOHD MUBARAK v. MASJID NOOR AHMED, WAKF & ORS.

CM(M)/922/2025 · 2025-05-26

Manoj Jain

body2025

Judgment text

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CM(M) 922/2025 1 $~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th May, 2025 + CM(M) 922/2025 & CM APPL. 30205-30206/2025 MOHD MUBARAK .....Petitioner Through: Mr. Tarun Mathur & Mr. Akshat Singhal, Advocates versus MASJID NOOR AHMED, WAKF & ORS. .....Respondent Through: Advocate (Appearance not given) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Learned counsel for respondent/decree-holder appears pursuant to the notice issued by the Court. 2. After hearing arguments for some time, learned counsel for respondent/ decree-holder submits that without prejudice to his rights and contentions, he would have no objection if one last and final opportunity is granted to objector to lead evidence. He also submits that in view of specific directions given by the Hon’ble Supreme Court in Periyammal v. V. Rajamani, 2025 SCC OnLine SC 507, Execution Petition has to be fast-tracked and has to be disposed of within six months and, therefore, learned Executing Court be requested accordingly. 3. Next date before the learned Executing Court is stated to be 10.06.2025. 4. The present petition is disposed of with direction that learned Trial Court shall give one last and final, but effective, opportunity to Digitally Signed By:SONIA THAPLIYAL Signing Date:27.05.2025 16:19:56 Signature Not Verified CM(M) 922/2025 2 petitioner/objector for leading evidence and both the sides shall appear before the learned Executing Court on 29.05.2025. Objector/petitioner would also appear before the learned Trial Court and depending upon the board position, it will be upto the learned Trial Court to either record the evidence of such objector same day or to record it on some other day, after ascertaining availability and convenience of both the sides. 5. Learned Execution Court shall also make best endeavour to dispose of Execution Petition, as soon as possible. 6. Petition stands disposed of in the aforesaid terms. 7. All the pending application are also disposed of in the aforesaid terms. MANOJ JAIN, J MAY 26, 2025/dr/shs By:SONIA THAPLIYAL Signing Date:27.05.2025 16:19:56