Page No.# 1/3 GAHC010009632024 2025:GAU-AS:2556 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./5/2024 ON THE DEATH OF MD. ASAD UDDIN HIS LEGAL HIERS RAJIA BEGUM AND ORS. WIFE VILL-CHADSREEKUNA P.O.-TILLABAZAR P.S. AND DIST-KARIMGANJ ASSAM 2: WAHID UDDIN SON VILL-CHADSREEKUNA P.O.-TILLABAZAR P.S. AND DIST-KARIMGANJ ASSAM 3: MOHID UDDIN SON VILL-CHADSREEKUNA P.O.-TILLABAZAR P.S. AND DIST-KARIMGANJ ASSAM 4: OLID UDDIN SON VILL-CHADSREEKUNA P.O.-TILLABAZAR P.S. AND DIST-KARIMGANJ ASSAM 5: ALIM UDDIN SON VILL-CHADSREEKUNA P.O.-TILLABAZAR P.S. AND DIST-KARIMGANJ Page No.# 2/3 ASSAM VERSUS SHYAM SUNDAR DAS AND 2 ORS. S/O LATE SUBAL CH. DAS R/O CHARAKURI P.O.-KARIMGANJ BAZAR P.S. AND DIST-KARIMGNAJ ASSAM 2:PRAN GOPAL DAS S/O LATE MONINDRA LAL DAS R/O CHARBAZAR WARD NO. 23 KARIMGANJ TOWN P.O.-CHARBAZAR P.S. AND DIST-KARIMGANJ ASSAM 3:MRS. JAMILA KHATUN (MUTAWALI K.B. SHAMSUDDIN KHAN WAKF ESTATE) W/O LATE TASLIM UDDIN KAZI R/O HATIGAON P.O.-HATIGAON GUWAHATI ASSAM PIN-781038 ------------ For the Petitioner(s) : Ms. R. Choudhury, Advocate For the Respondent(s) : Mr. P. K. Roy, Sr. Advocate : Mr. S. K. Chakraborty, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 10.03.2025 The instant review application has been filed seeking review of the judgment and order dated 13.12.2023 passed in CRP No.175/2023. Page No.# 3/3 2. The ground of review so taken is that as the property in question was a waqf property, no appeal lies against a judgment and decree passed by the learned Court of the Munsiff No.1, Karimganj and as such the petitioners had filed an application under Section 115 of the Code of Civil Procedure, 1908. The said submission so made appears to be totally misconceived and untenable taking into account that an appeal lies against the judgment and decree passed by the learned Court of the Civil Judge, (Junior Division) No.1, Karimganj in Title Suit No.200/2016 before the Appellate Court in terms with the Bengal, Agra and Assam Civil Courts Act, 1887. This aspect of the matter was duly taken note of by the learned Coordinate Bench of this Court in its judgment and order dated 13.12.2023 passed in CRP No.175/2023 thereby granting the review applicants herein liberty to file appeal. 3. Accordingly, the review petition stands dismissed. JUDGE Comparing Assistant