Samsul Alam Munshi And Others vs Jaynal Abedin Munshi And Others
2023 Latest Caselaw 5593 Cal

August 25, 2023 Sl. No.6 Court No.19 s.biswas C.O. 654 of 2023

Samsul Alam Munshi and others vs.

Jaynal Abedin Munshi and others

Mr. Iftekar Munshi Mr. Rishabh Ahmad Khan ... for the petitioners Mr. Tanmoy Mukherjee ...for the opposite party

The issue is whether Hafizul Munshi as a

Constituted Attorney of Jaynal Abedin Munshi could

file Suit no.31 of 2015 before the learned Waqf

Tribunal, West Bengal after Jaynal tendered

resignation as a Mutwalli. Jaynal Abedin Munshi

had already tendered the resignation in 2012.

Whether the right conferred upon Hafizul Munshi by

a general power of attorney, could continue after

Jaynal Abedin Munshi resigned in 2012. It prima

facie also appears that some deeds and transactions

were challenged beyond the period of limitation.

Hafizul Munshi shall not act on the basis of the

impugned judgment dated September 30, 2022

passed by the learned Waqf Tribunal in Suit no.31 of

2015 up to February 28, 2024.

Service of this revisional application upon the

opposite parties.

Let the matter appear in the Monthly List of

January, 2024, under the heading 'Fixed Matter'.

In the meantime, the Waqf Board shall

supervise the administration of the properties

involved in the suit, without causing hindrance to

the day to day functioning of the waqf estate. The

Board shall ensure that the properties are neither

alienated nor encumbered in any way by the

petitioner or any other person in charge. No third

party rights shall be created and the nature,

character and possession of the same, shall be

preserved.

(Shampa Sarkar, J.)