Gujarat High Court
Arshad Makbulhussain Lulat vs Gujarat State Waqf Board on 17 November, 2025
NEUTRAL CITATION
C/FA/4024/2025 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4024 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 4024 of 2025
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ARSHAD MAKBULHUSSAIN LULAT & ORS.
Versus
GUJARAT STATE WAQF BOARD & ORS.
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Appearance:
MR ARSHAD SHAIKH(11761) for the Appellant(s) No. 1,2,3,4,5,6,7,8
MR. K I MALVAT(14544) for the Appellant(s) No. 1,2,3,4,5,6,7,8
FOUZAN N SONIWALA(8442) for the Defendant(s) No. 1,2
MR SAADMAN A PIRZADA(10870) for the Defendant(s) No. 4
MR. TAUKIR M MANDLI(17048) for the Defendant(s) No. 4
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 17/11/2025
ORAL ORDER
Learned advocate Mr.Shaikh has submitted that the parties have settled the dispute and the affidavit has been filed by one Ismail Mahmad Matadar who is respondent no.4 which is reproduced herein below:
"I, Ismail Mahmad Matadar, Adult, Indian having address at: 26/A, Matadar House, Opposite Patel Hospital, Near Afzal Medical Store, Station Road, Ankleshwar, Bharuch - 393001, do hereby solemnly affirm and state on oath as under:
1. That, I am the respondent no.4 herein in the captioned appeal and original appellant before the learned Gujarat State Waqf .
2.That, upon due consideration of the facts and circumstances of the Page 1 of 3 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:43:25 IST 2025 NEUTRAL CITATION C/FA/4024/2025 ORDER DATED: 17/11/2025 undefined present case, I state that I have no objection whatsoever if this Hon'ble Court is pleased to set aside and/or modify the impugned judgment and order dated 24.06.2025 passed by the Learned Gujarat State Waqf Tribunal in Waqf Appeal No. 48 of 2020, if such course is found just, proper, and necessary by this Hon'ble Court in the larger interest of justice and for ensuring proper administration of the concerned Waqf.
3.That, I further state that I have no objection if the original trustees who are the appellants herein- are restored, recognized and/or continued as mutawallis of the concerned Waqf. I respectfully submit that I shall direction, or abide by any such order, clarification that this Hon'ble Court may be pleased to pass in that regard.
4.That, in view of the aforesaid statements, I humbly request this Hon'ble Court to set aside and/or suitably modify the impugned judgment and order dated 24.06.2025 passed by the Learned Gujarat State Waqf Tribunal in Waqf Appeal No. 48 of 2020, in view of this affidavit.
The annexure/s annexed to the present petition, if any, is/are true copy/ies of its/their respective original document/s. What is stated hereinabove is true and correct to the best of my knowledge and belief."
Learned advocate Mr.Shaikh submits that in view of the consent given by the respondent no.4, if the decree is modified in terms of the settlement then ends of justice would meet.
Per contra, Learned advocate Mr.Saadman Pirzada and learned advocate Mr.Fouzan Soniwala appearing for respondent no.4 and for respondent no.1 and 2 respectively, do not object to said propositions made by learned advocate Page 2 of 3 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:43:25 IST 2025 NEUTRAL CITATION C/FA/4024/2025 ORDER DATED: 17/11/2025 undefined Mr.Shaikh.
In view of above, impugned judgment is hereby set aside and the appeal is decreed in terms of the settlement. Direct service is permitted.
The present appeal is disposed of accordingly. ORDER IN CIVIL APPLICATION:
In view of the order passed in the First Appeal, this application is disposed of.
(M. K. THAKKER,J) ARCHANA S. PILLAI Page 3 of 3 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:43:25 IST 2025