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2025 Supreme(Online)(Cal) 5347

CALCUTTA HIGH COURT
ABU ZAFAR RAHMAN – Appellant
Versus
M.S. JAMALUDDIN AND ORS. – Respondent


15.12.2025 Ct. No. 06 Sl. No.76 skg C.O. No. 3799 of 2025 Abu Zafar Rahman Vs.

M.S. Jamaluddin & Ors.

Mr. Md. Shah Minhajuddin, Mr. Md. Mohiuddin, …..for the petitioner Mr. K. A. Rahman, ….for the opposite party no.1 Mr. D. Mukherjee, Ms. P. Jana …for the opposite party no.4

1. The petitioner is the defendant no.1 in suit no.20 of

2023. The opposite party no.1 as plaintiff filed a suit for declaration and injunction. The prayers are quoted below:

a) For a decree of declaration that the suit property is the Waqf property.

b) For a decree of declaration that the plaintiff has all the rights to hold and/or manage the suit property being the descendant of the waqif as well as the mutwalli of the waqf estate in question as per terms of the wagfnama.

c) For a decree of declaration that the defendant no

1 has no right title and interest in respect of the suit properties by any manner.

d) For a decree of Permanent Injunction against the defendant no 1 and/or their men, agents, servants, staff, employees and/or any of them from making any unauthorized construction over the suit property in question in any manner whatsoever without prior permission of the Board of Auqaf as well as the mutwalli;

e) For

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