1990 INSC 0167
                                    Sunni Central Board of Waqf, Lucknow

                                                           Vs

                                            Pooran Chand and Another

                                          Civil Appeal No. 1934 of 1984

                           (Ranganath Misra, M. M. Punchhi, K. Ramaswamy JJ)

                                                      23.03.1990

                                                     JUDGMENT

RANGANATH MISRA, J. ­

1. This appeal is by special leave and challenge is to the order dated October 1, 1981, on a
miscellaneous application in a pending second appeal before the High Court. The High Court in the
pending second appeal was asked to decide whether a suit instituted without prior notice under
Section 66 of U. P. Muslim Waqfs Act, 1960, was maintainable. That, in fact, was the question
which required adjudication in the second appeal. The High Court negatived the stand. We are of the
view that the impugned order need not be interfered with but in case in the second appeal this
question is raised it shall be disposed of on its own merits after hearing parties in case that appeal
may still be pending disposal. We do not express any opinion one way or the other.

2. The appeal is, therefore, disposed with this observation. No costs.

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