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2023 Supreme(Gau) 45

DEVASHIS BARUAH
... (Tanveer Rahman, deceased) S/o. Late Khairur Rahman – Appellant
Versus
Assam Board of Wakf, Represented by its Chairman – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.K. Mahanta.
For the Respondent: S. Ali.

JUDGMENT :

Heard Mr. K.K. Mahanta, the learned senior counsel assisted by Ms. N. Begum for the petitioners and Mr. S. Ali, learned counsel appearing on behalf of the Respondent No. 1.

2. It appears from the records that on the submission made by the learned counsel appearing on behalf of the petitioners, the names of the respondent Nos. 2, 3 and 4 were deleted from the array of the parties vide an order dated 11.06.2020.

3. The instant application under Article 227 of the Constitution is directed against the order dated 21.8.2019 passed by the Wakf Tribunal of Assam (for the sake of convenience referred as ‘the learned Tribunal’) in Title Suit No. 1/2018 whereby the suit was dismissed by deciding preliminary issues against the plaintiffs/the petitioners herein.

4. It appears from a perusal of the instant application that a suit was initially instituted before the Court of the Civil Judge (Senior Division), Kamrup(Metro) at Guwahati which was registered and numbered as Title Suit No. 423/2004. The plaint of the said suit is enclosed as Annexure-1 to the instant application. A perusal of the plaint reveals that the said suit was filed seeking the following reliefs :

    “(a) A decree declarin

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