Page No.# 1/3 GAHC010280362024 2025:GAU-AS:1234 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/3/2025 SARIEF UDDIN LASKAR AND 4 ORS S/O LATE SAFIQUR RAHMAN LAASKAR, RESIDENT OF VILLAGE RONGPUR PART I, PS SILCHAR, DIST CACHAR, ASSAM, 788009 2: MUSSTT. LAILA KHANAM BARBHUIYA W/O ABDUL MOHIM BARBHUIYA D/O LATE SAFIQUR RAHMAN LASKAR RESIDENT OF VILLAGE UTTAR KRISHNAPUR PART II PS SILCHAR DIST CACHAR ASSAM 788025 3: MUSSTT. ANJONA BEGUM BARBHUIYA W/O NIJAM UDDIN BARBHUIYA D/O LATE SAFIQUR RAHMAN LASKAR RESIDENT OF VILLAGE SORAIL PS SILCHAR DIST CACHAR ASSAM 788025 4: MUSSTT. LIPI BEGUM MAZUMDER W/O LATE NIJAMUR RAHMAN MAZUMDER D/O LATE SAFIQUR RAHMAN LASKAR RESIDENT OF VILLAGE BERENGA PART II PS SILCHAR DIST CACHAR ASSAM 788006 5: MUSST. SAYRA BEGUM BARBHUIYA Page No.# 2/3 W/O SAMIR UDDIN BARBHUIYA D/O LAE SAFIQUR RAHMAN LASKAR RESIDENT OF VILLAGE DURGAPUR PS BORKHOLA DIST CACHAR ASSAM 78801 VERSUS JHOLY BEGUM LASKAR W/O LATE ABBAS UDDIN LASKAR , RESIDENT OF VILLAGE RONGPUR PART I, PS SILCHAR, DIST CACHAR, ASSAM, 788009 For the Appellant(s) : Mr. G. Uddin, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 05.02.2025 Heard Mr. G. Uddin, the learned counsel appearing on behalf of the appellants. 2. The instant appeal has been filed challenging the order dated 30.09.2024 passed by the District Judge, Cachar, Silchar, in Misc. (Guardianship) Case No. 08/2020 whereby the guardianship certificate has been issued in favour of one Smt. Jholy Begum Laskar, the mother of Shri Arman Uddin Laskar in respect to the shares of the properties left behind by the father of Shri Arman Uddin Laskar namely Late Abbas Uddin Laskar. Page No.# 3/3 3. Mr. G. Uddin, the learned counsel appearing on behalf of the appellants submitted that on the basis of the said order the respondent herein Smt. Jholy Begum Laskar may alienate the shares of the properties and that would be prejudicial to the interest of the appellants for which the instant appeal has been filed. 4. This Court upon perusal of the order dated 30.09.2024 and further taking into account the provisions of Sections 359 and 360, of the Mohammedan law is of the opinion that there is no infirmity in the impugned order dated 30.09.2024 assailed in the instant proceedings. Further to that, this Court has duly taken note of the submissions made by the learned counsel appearing on behalf of the appellants as regards the apprehension that the newly appointed guardian of Shri Arman Uddin Laskar may attempt to transfer certain shares belonging to Shri Arman Uddin Laskar and thereby would affect the rights of the appellants. It is the opinion of this Court that the same would depend on a cause of action which is yet to occur and in such case, the appellants are not barred from initiating appropriate proceedings, if otherwise, permissible under law. 5. With the above observations and directions, the instant appeal stands closed. JUDGE Comparing Assistant