Gauhati High Court
Page No.# 1/6 vs Daliman Bibi And 11 Ors on 30 August, 2024
Page No.# 1/6
GAHC010164522024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/152/2024
SONABAN KHATUN AND 9 ORS
W/O LATE SAHAR ALI,
RESIDENT OF VILLAGE NALDOBA, PO AND PS BIDHYAPUR, DIST
BONGAIGAON, ASSAM 783372
2: MD. SECONDAR ALI
S/O LATE SAHAR ALI
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
3: AJIBHAN BIBI
W/O LATE BISHU SK
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
4: ANARUL SHEIKH
S/O LATE BISHU SK
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
5: MD. NAUSHAD ALI
W/O LATE SAHAR ALI
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
Page No.# 2/6
DIST BONGAIGAON
ASSAM 783372
6: MD. NUR HUSSAIN
W/O LATE SAHAR ALI
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
7: FULCHAND ALI
W/O LATE SAHAR ALI
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
8: MD. RUPCHAND ALI @ FULU ALI
S/O LATE SAHAR ALI
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
9: MUSST NURJAHAN KHATUN
D/O LATE SAHAR ALI
W/O MD. MAJA SHEIKH
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
10: MUSST. GENDI KHATUN
D/O LATE SAHAR ALI
W/O MD. AMIRUDDIN
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 783372
11: MUSST. RABIA KHATUN
D/O LATE SAHAR ALI
Page No.# 3/6
W/O MD. SABU SHEIKH
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR
DIST BONGAIGAON
ASSAM 78337
VERSUS
DALIMAN BIBI AND 11 ORS
W/O MD. ABDUL RAHIM
RESIDENT OF VILLAGE NALDOBA, PO AND PS BIDHYAPUR, DIST
BONGAIGAON, ASSAM 783372
2:GOLAPI BEWA
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR (NEAR TINAILI)
DIST BONGAIGAON
ASSAM 783372
3:MUSST. AYSHA KHATUN
D/O LATE JONU SHEIKH
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR (NEAR TINAILI)
DIST BONGAIGAON
ASSAM 783372
4:MUSST. FULCHAN BIBI
D/O LATE JONU SHEIKH
RESIDENT OF VILLAGE NALDOBA
PO AND PS BIDHYAPUR (NEAR TINAILI)
DIST BONGAIGAON
ASSAM 783372
5:MAMENA BEWA
W/O LATE JAYNAL SHEIKH
RESIDENT OF VILLAGE BAMUNIGAON
PO BARALABATI
PS CHANGSARI
DIST KAMRUP ASSAM 781101
6:MD. MAHIR ALI
S/O LATE JAYNAL SHEIKH
RESIDENT OF VILLAGE BAMUNIGAON
Page No.# 4/6
PO BARALABATI
PS CHANGSARI
DIST KAMRUP ASSAM 781101
7:AMENA KHATUN
W/O LATE MANU SHEIKH
RESIDENT OF NALDOBA
PO AND PS BIDYAPUR
DIST BONGAIGAON
ASSAM 783372
8:MD. BUDDHI SHEIKH
S/O LATE MANU SHEIKH
RESIDENT OF NALDOBA
PO AND PS BIDYAPUR
DIST BONGAIGAON
ASSAM 783372
9:MD. RAKIBUL SK
S/O LATE MANU SHEIKH
RESIDENT OF NALDOBA
PO AND PS BIDYAPUR
DIST BONGAIGAON
ASSAM 783372
10:MD. SAIFUL ISLAM
S/O LATE MANU SHEIKH
RESIDENT OF NALDOBA
PO AND PS BIDYAPUR
DIST BONGAIGAON
ASSAM 783372
11:MD. NUR ISLAM
S/O LATE MANU SHEIKH
RESIDENT OF NALDOBA
PO AND PS BIDYAPUR
DIST BONGAIGAON
ASSAM 783372
12:MD. AMIR HUSSAIN
S/O LATE MANU SHEIKH
RESIDENT OF NALDOBA
PO AND PS BIDYAPUR
DIST BONGAIGAON
ASSAM 78337
Advocate for the Petitioner : MS. R CHOUDHURY, MS F N ZAMAN,MS. B. HAZARIKA
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Advocate for the Respondent : MR. A R SIKDAR, MR N AHMED,FOR CAVEATOR
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date :30.08.2024
Heard Ms. R. Choudhury, learned counsel for the appellants and Mr. A.R.
Sikdar, learned counsel for the respondent No. 1 through caveator.
2. This is a regular second appeal under Section 100 of the CPC, against the
judgment and decree dated 10.05.2024, passed in Title Appeal No. 06/2022,
passed by the learned District Judge, Bongaigaon by which the appeal of the
appellants/defendants has been dismissed by affirming the judgment and
decree dated 07.03.2019, passed in Title Suit (P) No. 31/2014, passed by the
learned Civil Judge, Bongaigaon, by which the suit of the respondent No.
1/plaintiff was decreed.
3. The appeal is admitted on the following substantial questions of law:
(i) Whether, the judgment and preliminary decree dated 07.03.2019 is at all
passed in accordance with Mohammedan Law giving 50% share to the only
daughter/plaintiff in presence of her 4 (four) brothers whereas as per
Mohammedan Law her specified share is 1/9 th only over the total property of
late Sahar Ali, her predecessor?
(ii) Whether the learned first appellate Court is correct in dismissing the first
appeal of the defendants against preliminary decree on the point of delay
whereas the delay was already condoned vide order dated 18.07.2022 in Misc.
Case No. 09/2022?
(iii) Whether the learned first appellate Court committed wrong by
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misunderstanding and by misinterpreting S/97 and as such the judgment and
decree dated 10.05.2024 is not at all sustainable in the eye of law?
4. Issue notice returnable in four weeks.
5. Steps be taken upon the respondent Nos. 2 to 12 by way of registered
post with A/D within a week from today.
6. No formal notice is required to be issued upon the respondent No. 1 as Mr.
A.R. Sikdar, learned counsel has appeared and accepts notice. However, extra
copies of the memo of appeal be furnished to him within a period of one week.
7. Call for the records from the Courts of learned District Judge, Bongaigaon
as well as learned Civil Judge, Bongaigaon.
8. List the matter after four weeks on a date to be fixed by the Registry.
JUDGE
Comparing Assistant
