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BOARD OF WAKF v. M/S BAGMARI INDUSTRIAL CORPORATION

Supreme Court of India | Diary 8614/2021

Status

Order

Decided On

2024-12-12

Bench

HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

BOARD OF WAKF

Respondent

M/S BAGMARI INDUSTRIAL CORPORATION

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 5740/2021)

BOARD OF WAKF Petitioner(s)

VERSUS

M/S BAGMARI INDUSTRIAL CORPORATION & ORS. Respondent(s)

O R D E R

Leave granted.

We have perused the affidavit on record filed by the

respondents. It is clear from the affidavit that there are a total

of 58 sub-tenants. It is the case of the appellant that all such

sub-tenants are actually encroachers.

Considering the aforesaid fact and without going to the other

facts of the case, we are directing the respondents to deposit a

sum of Rs.3,00,000/- (Rupees three lakhs only) per month from

December, 2024 onwards, payable on or before the ensuing month, on

the file of Waqf Tribunal, subject to the final decision of the

Tribunal.

We also take note of the fact that the very case of the

respondents/Plaintiffs reveals that they are entitled to retain

possession till the end of August, 2026 – the period that they are

otherwise, entitled to under the extension. Thus, the Tribunal, at

the time of disposal of the suit, shall keep this fact in mind as

we feel that after the end of the said period, the

respondents/plaintiffs shall not have any right whatsoever as

against the appellant.

2

Considering the facts of the case, we request the Tribunal to

dispose of all ...

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