[Cites 3, Cited by 0]
Gauhati High Court
Md Sabu Sk @ Sabur Ali vs Rahmania Kabarsthan And 2 Ors on 17 December, 2025
Page No.# 1/5
GAHC010267802025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/523/2025
MD SABU SK @ SABUR ALI
SON OF LATE DELFAR ALI, RESIDENT OF VILLAGE- JHAGRA PART-IV, P.O.
AND DIST- DHUBRI, ASSAM, PIN- 783325.
VERSUS
RAHMANIA KABARSTHAN AND 2 ORS.
A WAQF ESTATE REGISTERED UNDER THE WAQF ACT, 1995,
REPRESENTED BY ITS MUTAWALI, MD. ASER ALI AHMED AND SITUATED
AT VILL- JHAGRAPAR PART-IV, UNDER MOUZA- DHUBRI, REVENUE
CIRCLE- DHUBRI, DIST- DHUBRI, PIN-783325
2:MD. AZIZUR RAHMAN
S/O LATE KERAMAT ALI
R/O VILL- JHAGRA PART-III
P.O. AND P.S.- DHUBRI
ASSAM
PIN-783325
3:MD. HAMIDUR RAHMAN
S/O LATE HANIF UDDIN
R/O VILL- JHAGRA PART-III
P.O. AND P.S.- DHUBRI
ASSAM
PIN-78332
Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA,MRS. S ROY
Advocate for the Respondent : ,
Page No.# 2/5
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
17.12.2025
1. Heard Ms. R. Chodhury, the learned counsel for the
petitioner.
2. This application under Article 227 of the Constitution of
India read with Section 151 of the Code of Civil Procedure,
1908 has been preferred by the petitioner, namely, Md. Sabu
Sk. @ Sabur Ali, impugning the order dated 30.10.2025,
passed by the learned Waqf Tribunal, Kamrup(M), Guwahati in
Title Suit No. 01/2021, whereby the prayer of the present
petitioner to frame a preliminary issue under Order XIV Rule 5
of the Code of Civil Procedure, 1908 and further prayer to
decide the said issue in terms of Order 14 Rule 2 of the Code
of Civil Procedure, 1908 was rejected.
3. The learned counsel for the petitioner has submitted that
the Title Suit No. 01/2021 has been filed by the present
respondents before the Waqf Tribunal in respect of the
property mentioned in the Schedule-'A' as well as Schedule-'B'
of the plaint.
4. One of the relief sought for by the respondent in the
aforesaid plaint is recovery of khas possession of Schedule-'B'
land over which the respondents are having possession.
5. The learned counsel for the petitioner submits that the
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Schedule-'B' land was allotted to the respondents by virtue of
a Abantan Nama by the Government in the year 1994,
however, later on, the Government had cancelled the patta.
The present petitioner aggrieved with the cancellation of patta
in respect of Schedule-'B' land had preferred a Title Suit before
the court of the learned Munsiff No. 1, Dhubri which is Title
Suit No. 52/2019.
6. In the said suit, the respondents have raised the question
of jurisdiction of the Civil Court to entertain the suit as it was
claimed that the suit property is a Waqf Board property.
Accordingly, by order dated 19.12.2019, passed in Misc.(J)
Case No. 96/2019, the trial court returned the plaint to the
present petitioner for filing the same before the Waqf
Tribunal.
7. Being aggrieved with the aforesaid order of the trial court,
the petitioner preferred a Misc.(J) Appeal before the court of
the learned Civil Judge (Senior Division), Dhubri.
8. The said Misc. Appeal was registered as Misc. Appeal No.
03/2020.
9. The learned counsel for the petitioner submits that by
judgment and order dated 09.05.2023, the First Appellate
Court had set aside the order dated 19.12.2019, passed by
the trial court in Misc.(J) Case No. 96/2019 and allowed the
appeal.
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10. The learned counsel for the petitioner submits
that thereafter, the suit is presently pending before the court
of the learned Munsiff No. 1, Dhubri.
11. The learned counsel for the petitioner further
submits that the respondents had preferred a civil revision
petition against the order of the First Appellate Court, which is
registered as CRP No. 65/2025 in which though notices have
been issued to the opposite parties, however, no stay has been
granted in the Title Suit No. 52/2019 and as such, the said suit
is still proceeding.
12. The learned counsel for the petitioner submits
that in view of the aforesaid developments in respect of the
said property, the two cases are pending before two different
courts. One before the court of the learned Munsiff No. 1,
Dhubri, i.e. Title Suit No. 52/2019 and another before the
Waqf Tribunal, i.e. Title Suit No. 01/2021.
13. Under such circumstances, the petitioner had filed
an application before the Waqf Tribunal for framing a
preliminary issue as hereunder "Whether this Hon'ble Tribunal
has got jurisdiction to try the instant suit in view of the order
dated 09.05.2023, passed in Misc. Appeal No. 03/2020 by the
Hon'ble Civil Judge, Dhubri."
14. The learned counsel for the petitioner has
submitted that since both the suits namely, Title Suit No.
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01/2021 and Title Suit No. 52/2019 pertains to same plot of
land, continuation of the present suit, i.e. Title Suit No.
01/2021 which was filed after the suit filed by the present
petitioner would may result into conflicting opinion and
therefore, the preliminary issue suggested by the petitioner is
required to be framed and decided by the Waqf of board
before further proceeding with the Title Suit No. 01/2021.
15. Issue notice to the respondents.
16. The petitioner shall take steps for issuing notice
upon the respondents by speed post as well as by usual mode
within 7(seven) days from the date of this order, returnable
after 4(four) weeks.
17. In the meanwhile, considering the submissions
made by the learned counsel for the petitioner as discussed in
the foregoing paragraphs, as well as considering the fact that
continuation of two separate suits in two forums in respect of
the same plot of land may result in conflicting judgments by
two courts. The further proceeding of Title Suit No. 01/2021,
pending before the Waqf Tribunal, Kamrup(M), Guwahati is
hereby stayed till next returnable date.
18. List this matter on 5th February, 2026.
JUDGE
Comparing Assistant
