S U P R E M E C O U R T O F I N D I A

  RAMESH CHANDRA TRIPATHI                               Petitioner(s)

                                        VERSUS

 SUNNI CEN.BOARD OF WAKFS & ORS.                       Respondent(s)

(With appln(s) for deletion of parties in the array of parties

and prayer for interim relief and office report)

Date: 23/09/2010    These Petitions were called on for hearing

today.

CORAM :

          HON'BLE MR. JUSTICE R.V. RAVEENDRAN

          HON'BLE MR. JUSTICE H.L. GOKHALE

For Petitioner(s)      Mr. Mukul Rohtagi,Sr.Adv.

                       Mr. Sunil Kumar Jain,Adv.

                       Mr. Aneesh Mittal,Adv.

For Respondent(s)      Mr. Anoop G. Choudhury, Sr.Adv.

(For Respt. 1 & 5)     Mr. Shakil Ahmad Syed,Adv.

                       Mohd. Moonis Abbasi,Adv.

                       Mr. Shuabuddin,Adv.

(For Respt.No.20)      Mr.   Ravi Shankar Prasad,Sr.Adv.

                       Mr.   P.S. Narsimha,Sr.Adv.

                       Mr.   Anish Kumar Gupta,Adv.

                       Ms.   Deep Shikha Bharati,Adv.

 UPON hearing counsel the Court made the following

O R D E R

Taken on board.

              Heard Shri Mukul Rohtagi, learned senior counsel                               

for the petitioner and Shri Anoop G. Choudhury, learned senior counsel for respondents 1 and 5 and Shri Ravi Shankar Prasad, learned senior   counsel for respondent No.20.

The petition for special leave is filed against an order rejecting an application under Section 89 of the C.P.C. filed by the petitioner before the Allahabad High Court to defer the judgment and refer the matter to mediation.

One of the members of this Bench is of the view that SLP should be dismissed having regard to the fact that the matter is already reserved for judgment to be pronounced tomorrow.          

Another member of the Bench is of the view that notice should be issued and an interim order be issued.

The tradition of this court has been that even if one of the members of the Bench feels that notice to be issued, notice will be issued, though the other member is not in favour of it.

          In view of it, issue notice.          

           Dasti in addition.

          There shall be interim stay of further proceeding 

in the suit O.O.S.No. 4 OF 1989 and connected suits and 

pronouncement of judgment, till further orders.

          List the matter on 28.9.2010.

          Let the notice be issued to the Attorney General

to assist the Court on that day.

          In view of the difference, place the matter before

         the  Hon'ble Chief Justice, for constituting a Larger

         Bench.

      (O.P. Sharma)                                (M.S. Negi)

      Court Master                                 Court Master