Md. Birbal Hussain vs Musstt. Asnara Begum And 10 Ors
2021 Latest Caselaw 3129 Gua

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GAHC010141112019




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : RSA/152/2019

         MD. BIRBAL HUSSAIN
         S/O- LATE SOMSER ALI, R/O- VILL. AND P.O. KAWATIKA, P.S. BIJNI, DIST.-
         CHIRANG, BTAD, ASSAM.



         VERSUS

         MUSSTT. ASNARA BEGUM AND 10 ORS.
         W/O- LATE TAJER ALI.

         2:MD. ABDUL AJIT
          S/O- TAJER ALI

         3:MD. ABDUL HAI
          S/O- TAJER ALI

         4:MISS RABIA BEGUM
          D/O- TAJER ALI

         5:MISS HAHMA BEGUM
          D/O- TAJER ALI

         6:MD. JAIRUL HOQUE
          S/O- TAJER ALI

         7:MS. MOGDA BEGUM
          D/O- TAJER ALI

         8:MISS MONJILA BEGUM
          D/O- TAJER ALI
          RESIDENT OF VILL. AND P.O. KAWATIKA
          P.S. BIJNI
          DIST- CHIRANG
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            BTAD
            ASSAM. (RESPONDENTS 5 TO 8 ARE MINORS AND THEY ARE REP. BY
            THEIR MOTHER ASNARA BEGUM
            THE RESPONDNET NO. 1).

            9:MD. DIN ISLAM
             S/O- LATE SOMSER ALI

            10:MD. MOKSED ALI
             S/O- LATE SOMSER ALI
             BOTH ARE RESIDENT OF VILL. AND P.O. KAWATIKA
             P.S. BIJNI
             DIST.- CHIRANG
             BTAD
            ASSAM.

            11:THE CIRCLE OFFICER
             BIJNI REVENUE CIRCLE
             P.O. AND P.S. BIJNI
             DIST.- CHIRANG
             BTAD
            ASSAM

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 26/11/2021

Heard Mr. M.U. Mahmud, the learned counsel appearing for the applicants and and Mr. A.K. Sarma,the learned counsel appearing on behalf of the respondent Nos. 1 to 10.

This Court vide an order dated 21/08/2019 had already admitted the instant appeal on the substantial questions of law. It further reveals from the order dated 24/1/2020 that the records of the Court below have also been received.

Taking into account that this Court had already admitted the instant appeal and the prejudice shall be caused if the judgments and decree passed by the First Appellate Court is not stayed. Accordingly, the judgment and decree dated 22/4/2019 passed in Title Appeal No. Page No.# 3/3

6/2018 by the Court of the Addl. District Judge, Bijni is stayed till the disposal of the instant Second Appeal.

The IA stands disposed off.

JUDGE

Comparing Assistant