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
NEUTRAL CITATION
C/FA/4024/2025 ORDER DATED: 17/11/2025
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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
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C/FA/4024/2025 ORDER DATED: 17/11/2025
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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
