Salimon Nessa @ Dalimon Nessa vs On The Death Of Bahaj Ali His Legal ...
2022 Latest Caselaw 3420 Gua

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GAHC010162652022




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

                               Case No. : CRP/93/2022

         SALIMON NESSA @ DALIMON NESSA
         D/O LATE MOFIZ UDDIN, W/O KASER ALI, R/O VILL-AMBARI PART-III, P.O.-
         AMBARI, P.S.-DHUPDHARA, DIST-GOALPARA, ASSAM, PIN-783123



         VERSUS

         ON THE DEATH OF BAHAJ ALI HIS LEGAL REPRESENTATIVES AND ORS
         REPRESENTING

         1.1:RAFIKUL ISLAM
          S/O LATE BAHAJ ALI

         1.2:TAIJUL ISLAM
          S/O LATE BAHAJ ALI

         2:MD. KASER ALI
          S/O LATE IDU SHAIKH

         3:MD. JALALUDDIN
          S/O LATE ABUL HASEM

         4:MD. JULHASUDDIN SHAIKH
          S/O LATE NUR ISLAM

         5:MD. JAHURUDDIN SHAIKH
          S/O LATE TAMSER ALI
         ALL ARE R/O VILL-AMBARI PART-III
          P.O.-AMBARI
          P.S.-DHUPDHARA
          DIST-GOALPARA
         ASSAM
          PIN-78312
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Advocate for the Petitioner   : J U AHMED

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 07.09.2022

Heard Mr. J.U. Ahmed, the learned counsel appearing for the Petitoner.

The learned counsel for the petitioner submits that in veiw of the dismissal of the condonation application seeking review of the judgment and decree dated 20/3/2017 in Title Appeal No. 4/2015, the judgment and decree dated 20/3/2017 passed in Title Appeal No. 4/2015 needs to be challenged by way of filing a second appeal. He therefore, submits that he does not want to press the instant petition and instead would prefer a second appeal against the judgment and decree dated 20/3/2017 passed in Title Appeal No. 4/2015. In that view of the matter, he submits that he would like to withdraw the instant petition.

Taking into consideration the said submission made by the learned counsel for the petitioner, the instant petiiton stands dismissed on withdrawal.

The petitioner, if so advised and permissible under law, shall be at liberty to prefer an appeal challenging the judgment and decree dated 20/3/2017 in Title Appeal No. 4/2017 in accordance with law.

JUDGE

Comparing Assistant