- (1.) Two applications are taken up for analogous hearing as they relate to the same suit.
(2.) Old GA No.1318 of 2019, new GA No.5 of 2019 is an application at the behest of the Board of Waqf, West Bengal seeking recall of a compromise decree passed in the suit. Old GA No.1985 of 2019, new GA No.6 of 2019 is an application at the behest of the plaintiff seeking a direction upon the Board of Waqf to disclose further documents.
(3.) Learned advocate appearing for the Board of Waqf refers to and relies upon Section 90(3) of the Waqf Act, 1995 and Section 93 thereof. He submits that, the instant suit, relates to title to a property which is admittedly a Waqf property. Notice under Section 90(3) of the Act of 1995 was not issued to the Board of Waqf by the Court or by any of the parties. The Board of Waqf was un-aware of the compromise decree passed in the suit. He submits that, since, the compromise decree speaks of user of the waqf property, rights in respect of a waqf property stands adjudicated. Therefore, in view of Section 93 of the Act of 1995, the compromise decree is invalid.;