Authority: Supreme Court of India
Order Date: 1 September 2026
Case Overview
- Parties: Appellant – legal representatives of the deceased R. Sakuntala (LRS); Respondent – Haji Khatija Beevi Trust Nagapatinam & Ors.
- Dispute: Retrospective application of the procedural amendment in the Wakf (Amendment) Act, 2013.
- Procedural history: The appellant contested the matter before the High Court; the appeal was filed on 08‑05‑2021 in the name of the deceased, who died on 12‑04‑2021. Subsequent applications were filed for substitution of the deceased appellant, for condonation of delay, and for setting aside the abatement of the suit.
- Record of proceedings lists IA No. 133226/2026 and related IA Nos. 251639/2026 (substitution), 251640/2026 (setting aside abatement), 251641/2026 (condonation of delay).
- The Court relied on its 2023 judgment in Mumtaz Yarud Dowla Wakf Vs. M/s Badam Balakrishna Hotel Pvt. Ltd. & Ors. (2023 SCC OnLine SC 1378), which settled the law on the retrospective application of the amendment and found no merit for the appellant.
Final Outcome
- The appeal (Civil Appeal No. 6083/2024) is dismissed as non‑maintainable.
- The applications for condonation of delay, for setting aside the abatement, and for substitution are allowed.
- The legal representatives of the appellant are taken on record.
- The appellant is directed to hand over vacant possession to the respondent within four months from receipt of the order, subject to an undertaking to vacate by that date and to pay the admitted rent and arrears; the undertaking must be filed within two weeks.
- Any pending applications, if any, are ordered to stand disposed of.
Topics: Wakf Law, Civil Appeal