Rakesh Sharma, J. - (1.) Heard Sri H.S. Sahai, learned Senior Advocate assisted by Sri U.S. Sahai for the petitioner. Sri Anil Kumar, learned Counsel has put in appearance on behalf of opposite party No. 1 and newly impleaded parties. Mohd. Arif Khan, learned Counsel has put in appearance saying that he is appearing for the Mutawalli of Waqf, Musammat Rahiman, widow of Sheikh Baqar, opposite party No. 2. Sri K.L. Gurnanee, learned Counsel has appeared before the Court stating that he has been engaged by the opposite party No. 2, claiming himself to be Mutawalli of Waqf.
(2.) Since this is a writ petition under Article 226 of the Constitution of India, the learned Counsel who have put in appearance before the Court, claiming themselves to be interested in the subject matter of dispute, were given opportunity of putting forth their cases as per Rule 5A contained in Chapter 32 of the Rules of the Court. This Court can hear the versions of the concerned parties as intervener also.
(3.) A Sri K.L. Gurnanee appearing for opposite party No. 1, has opposed the impleadment of Mohd. Khalil, Hazi Mohd. Nazeer, Mohd. Moeed and Sri Mustaqeem Ahmed. This Court has already passed an order on 2.5.2006, allowing application for impleadment of these persons as necessary parties. This Court has also taken note of the fact that Sri H.S. Sahai, learned Senior Counsel appearing for the petitioner, in his application for interim relief/stay and affidavit submitted on 1.9.1998, has inflated that the property it. dispute has been sold through a registered deed executed on 15.4.1998 to the above named persons. The sale deed, was executed on 15.4.1998 and proceedings for mutation of their names in the record of Nagar Nigam were pending disposal. The petitioner herself admitted in her affidavit dated 31.8.1998 that the sale deed was executed between the above named persons represented by Mohd. Arif Khan, learned Senior Advocate and Satya Marg Lodge Theosophical Society, Lucknow. In the light of these versions and the order passed by this Court on 2.5.2006, the submission of Mohd. Arif Khan, learned Senior Advocate appearing for the newly impleaded opposite parties, has already been heard.;