[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

Court Order

Court: -----

 

Date: 11 Mordad 1399 [1 August 2020]

Case Reference: 842/54/98

Court Order Number: 453

 

Administrative Court:  Branch 54 of the Court of Appeal in the Province of Tehran, Special Court for Article 49 of the Constitution

Appellants: Execution of Imam [Khomeini’s] Orders [EIKO], Mazanderan Province [address]; Faramarz Moghaddasi Rowhani, Hosein Sabetian Iveli, Ali Ahmadi, Rouhol-Amin Aali Iveli, Asadollah Naimi Iveli, Morteza Movaffaghi Iveli, Shahab Sabetian, Seyyed Elyas Sadeghi, Nayyereh Sabetian, Ali-Akbar Movaffaghi Iveli, Fakhrieh Aalishah, Rowshan Movaffaghi, Mansour Rowhani, Ali Piri, Nejatollah Laghaie, Khayran Bonyaie Iveli, Aghabarar Jazbani Iveli, Saadat Rowhani, Golverdi Movaffaghi Iveli, Seyyed Mohammad Derakhshan, Galin Movaffaghi, Abdol-Rahman Rowhani, Seyyedeh Miran Hoseini Iveli, Daryoush Movaffaghi Iveli, Atrollah Movaffagh Iveli, Kamaloddin Akbari Iveli, Ataollah Movaffaghi Iveli, Ghavamoddin Sabetian, Nasroddin Nowbakht Iveli, Parviz Jazbani, Parvin Khodavand address: [redacted], represented by Messrs. Mostafa Nili and Mohammad-Hadi Erfanian [address]

Respondents: [1-] Residents of the Village of Ivel, address: Kiasar, Chahardangeh, Village of Ivel; 2- Execution of Imam [Khomeini’s] Orders [address]

Subject of Appeal:  Court Order Number 98-84, dated 13 Aban 1398 [4 November 2019], of the Islamic Revolutionary Court, Special Court for Article 49 of the Constitution, Mazandaran

 

Procedural Synopsis

Subsequent to receipt of the file and its registration under the above case reference, and the observance of legal procedures, an extraordinary hearing is in session, presided over by the undersigned.  After a review of the file records, the panel at this Branch concludes this hearing and, in reliance on the almighty God, and its judicial conscience, issues a decision.

 

Court Decision

Concerning the appeal of the Execution of Imam [Khomeini’s] Orders and Faramarz Rowhani against court order number 98-84, dated 13 Aban 1398 [4 November 2019], issued by the Special Court for Article 49 of the Constitution in the Province of Mazandaran, by virtue of which the residents of Ivel and the Execution of Imam [Khomeini’s] Orders ask for a final settlement of the assets left behind without supervision by the locals belonging to the perverse sect of Baha’ism, which comes to about 10 acres and the land of khaneh sara, approximately 500 m², and so on, in light of the usual investigation and inquiry, [those assets] were associated with the previous regime and the perished Hoveyda, who moved and settled here with intent to spread the ideologies of this sect, and usurped these lands, and, as indicated in the court order, due to the illegality of the assets left behind by the perverse sect in the Village of Ivel, a decision was issued in favour of the Execution of Imam [Khomeini’s] Order to assign the lands to the locals who have small holdings.

In light of the file records and the appellant’s statement of appeal, and given that no relevant or substantive errors were identified to discredit the issued court order, as per the provisions of Article 348 of the Civil Code of Procedure for Public and Revolutionary Courts that would result in rescinding the ruling and requiring further review, and that the main issues in the statement of appeal are mainly a repeat of the preliminary matters, the litigious court order is determined to be without legal error, based on procedural and judicial standards.

Therefore, pursuant to Article 358 of the said Code and the amendments of the Code of Procedure relating to the cases pertaining to Article 49 of the Constitution of the Islamic Republic of Iran, the court dismisses the appeal, amends a section of the decision of the Court of Appeal pertaining to “the sales of the lands to the locals at the regional market rate to locals who have small holdings,” and otherwise endorses the ruling.  This order, pursuant to Article 365 of the said Code, is final and binding.

 

Head of Branch 54 of the Court of Appeal in the Province of Tehran

Hasan Babaie

Court Advisor of Branch 54 of the Court of Appeal in the Province of Tehran

Ebrahimi

 

[Stamp: Certified Copy] [Signature]

 

[Handwritten note on page 1:]

16 Mehr 1399 [7 October 2020]

 

[Signature and stamp on page 1]