ASHOKE KUMAR DASADHIKARI,J. - (1.) Since issue involved in the aforementioned five applications are same, all these applications are taken up together for hearing and disposed of by a common order.
(2.) Petitioners are Joint Mutwalli and Joint Secretary, Baish hazari Wakf Estate, both sons of Syed Aminul Muswi of Village - Hyderpur, P.S. - English Bazar, P.O. and District - Malda. The suit properties are recorded as Baish Hazari Wakf Estate in C.S., R.S. and L.R. Record of Rights. Petitioners claimed the property in question being Wakf Property is a property subject to the provisions under Section 85 of the Wakf Act, 1995 (hereinafter referred to as the said "Act "). In view of the provisions under Section 85 of the said Act, no suit or other legal proceeding shall lie in any Civil Court in respect of any dispute, question or other matter relating to any Wakf Property or other matter which is required by or under the said Act to be determined by the Tribunal.
(3.) The plaintiff/opposite party instituted a suit being T.S. 79 of 2011 claiming their right, title, interest and possession in respect of the 'A ' and 'B ' scheduled properties before the learned Civil Judge (Junior Division), Balurghat, Dakshin Dinajpur. It was claimed by the plaintiff/opposite party that he has been possessing the suit property as a absolute owner for more than 12 years openly, uninterruptedly, continuously and with the knowledge of the other and he has acquired independent, indefeasible right, title, interest and possession in the suit property.;