Mohamed Alavi Navaz Caffoor et al. vs M.R.M Malik et al. – 0006/21-2022

In the case between the Respondent-Petitioners (applicants for leave to appeal and dismissal of the Wakfs Tribunal case WT 273/2020) and the 9th to 12th Respondent-Respondents (against whom stay orders and service of notice were contested), the court addressed the validity of interim stay orders issued without proper service of notice and the jurisdiction of the court over unnotified parties. It was held that the issuance of ex-parte interim relief without adherence to the formal notice requirements under Rule 2 of the Court of Appeal (Appellate Procedure) Rules deprived the court of proper jurisdiction over the 9th to 12th Respondent-Respondents. The decision reaffirmed the principle that effective service of notice is fundamental to the exercise of appellate jurisdiction and the granting

REF: 0006/21-2022 Category: Tag:
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