Decided on August 08,2018

Jamatullah Ali Appellant
Abdul Jabbar And 5 Ors Respondents


Kalyan Rai Surana, J. - (1.) Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mrs. R. Choudhury, learned counsel appearing for the appellant as well as Mr. D. Das, learned senior counsel assisted by Mr. A. N. Ahmed and Mr. S. Khaund, learned counsel appearing for the respondents.
(2.) This appeal under Order XLIII Rule 1 (r) CPC is directed against the order dated 20.07.2018 passed by the learned District Judge, Kamrup, Amingaon in Misc. (J) Case No. 12/2018 in T.S. No. 1/2014 (earlier numbered as T.S. 04/2011), by which ad-interim injunction was granted in favour of the respondents by restraining the proforma respondents No. 5 and 6 from publishing updated voters' list prepared on the basis of scheme of the decree dated 27.06.1924 passed in Title Suit No. 3/1919 and further restraining them from holding any election of the Managing Committee of Hajo Powa Macca Dargah shrine during the pendency of the suit or until further orders.
(3.) The main grievance raised by the respondents in the application for injunction was that in the impugned judgment dated 22.07.1921 passed by the then Court of the Judge, Assam Valley District in Suit No. 3/1919 amongst others, conditions imposed were:- 1. There shall be a committee of management consisting of not less than 9 (nine) members. 2. All such persons shall be pious mussalmans of good character. 3. At least three of them shall be representatives of the Fakir families who have traditional duties to perform in connection with the shrine. Other conditions being not relevant are not extracted herein. However, while the successor in office had drawn the decree, the above mentioned conditions were modified to the following effect:- (a) A Moulvi and three pious Mohammedans to be selected by the District Judge in consultation with leading Mohammedans of the District. (b) Three members to be elected by the adult male Mohammedans of the Fakirtola of Hajo.;

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