Sadhan Paul Vs Anowaruddin Wakf Estate and Anr.

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Page No.# 1/4

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GAHC010177242025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : CRP(IO)/322/2025

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SADHAN PAUL

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S/O LATE MONINDRA CHANDRA PAUL, R/O HOUSE NO. 17, BYE LANE NO. 3, INDRAPUR, BHANGAGARH, P.S.- BHANGAGARH, GUWAHATI-781005, DIST- KAMRUP (M), ASSAM

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VERSUS

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ANOWARUDDIN WAKF ESTATE AND ANR

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REPRESENTED BY ITS MUTAWALLI SYED JAVED KAISAR, R/O HOUSE NO. 645, ANOWARUDDIN MANZIL, MASJID GALI, BHANGAGARH, G.S. ROAD, GUWAHATI-781005

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2:ASSAM BOARD OF WAKFS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER HAVING ITS OFFICE AT SEUJI PATH HATIGAON GUWAHATI-781038 DIST- KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. A ROY, MR. U. DUTTA,MR. R SARMA

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Advocate for the Respondent : MR. A I ALI (R-1), MR. M ISLAM (R-1),H KULI (R-1)

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 08.06.2026

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1. Heard Mr. A. Roy, learned counsel for the petitioner. Also heard Mr. A. I. Ali, learned counsel for the respondent No. 1.

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2. On perusal of office note dated 03.06.2026, it appears that service report in respect of respondent No. 2 is still awaited.

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3. The learned counsel for the respondent No. 1 submits that this revision petition is mainly directed against the order dated 23.07.2025, passed by the Presiding Officer, Wakf Tribunal, Guwahati in Title Suit No. 2/2024 whereby the right to file written statement in Title Suit No. 2/2024 by the present petitioner was closed.

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4. The learned counsel for the respondent No. 1 submits that the present respondent No. 1 is the plaintiff in the aforesaid title suit (Title Suit No. 2/2024). He submits that due to pendency of this revision petition, the trial of aforesaid title suit is getting delayed. He does not have any objection if this court allows revision petition and grants one chance to the present petitioner for filing written statement in the abovementioned title suit.

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5. On the other hand, learned counsel for the petitioner submits that before passing the impugned order by which right to file written statement was closed by the Wakf Tribunal and the present petitioner filed an application before the Presiding Officer, Wakf Tribunal, Guwahati in the aforesaid suit for rejection of the plaint under Order 7 Rule 11 of the CPC and after getting the

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Page No.# 3/4

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said petition by its order dated 08.04.2025, further proceedings of aforesaid title suit was kept in abeyance.

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6. He submits that though the Wakf Tribunal kept the further proceeding of the suit in abeyance only for the purpose of dismissal of the petition filed by the present petitioner Order 7 Rule 11 of the CPC i.e., petition No. 276/25. However, no decision on the said petition has yet been taken by the Wakf Tribunal and instead the closure of right to file written statement has been passed by the Wakf Tribunal by passing the impugned order.

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7. The learned counsel for the respondent No. 1 submits that in the meanwhile the respondent No. 1 has already filed its objection to Order 7 Rule 11 of the CPC petition filed by the present petitioner.

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8. Considering the submissions made by the learned counsel for the parties as well as attending facts and circumstances, no purpose would be served at this stage by issuing notice to respondent No. 2 when the plaintiff has itself conceded to the prayer made by the present petitioner.

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9. Accordingly, the impugned order dated 23.07.2025 is hereby set aside and the present petitioner is given chance to file written statement subject to the outcome of the petition No. 276/25 filed by him for rejection of the plaint.

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10. The Presiding Officer, Wakf Tribunal, Guwahati is directed to hear both the sides on the petition No. 276/25 regarding prayer for rejection of the plaint and depending upon the outcome of the said hearing, if the plaint is not rejected, the present petitioner shall be granted an opportunity of filing written statement on a date to be fixed by the Wakf Tribunal.

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Page No.# 4/4

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11. With the above observation, this CRP(IO) is disposed of.

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JUDGE

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Sadhan Paul v. Anowaruddin Wakf Estate and Anr.

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Sadhan Paul v. Anowaruddin Wakf Estate and Anr.

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