Gauhati High Court
Page No.# 1/6 vs Legal Heirs Of Harunar Rahman Rajia Khan ... on 6 May, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010060992024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1165/2024
TAIYABUR RAHMAN AND ORS
S/O LATE MOTOSIN ALI
RESIDENT OF VILLAGE DEORAIL
PO AND PS BADARPUR
DIST KARIMGANJ
ASSAM
2: MUSST. SALEHA BEGUM
W/O LATE TAIYABUR RAHMAN
RESIDENT OF VILLAGE DEORAIL
PO AND PS BADARPUR
DIST KARIMGANJ
ASSAM
3: MD. SAHAN UDDIN
S/O ABDUL HOQUE
RESIDENT OF VILLAGE KHADIMAN PO BADARPURGHAT
PS BADARPUR
DIST KARIMGANJ
ASSAM
4: AHMED ZAKARIA
S/O EKLASUR RAHMAN
RESIDENT OF VILLAGE DEORAIL
PO AND PS BADARPUR
DIST KARIMGANJ
ASSAM
5: LEGAL HEIRS OF RIAZ UDDIN TAPADAR
HUSSAIN AHMED TAPADAR
RESIDENT OF VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR DIST KARIMGANJ
ASSAM
Page No.# 2/6
6: MONJOOR AHMED TAPADAR
RESIDENT OF VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR DIST KARIMGANJ
ASSAM
7: JUBAIR AHMED TAPADAR
RESIDENT OF VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR DIST KARIMGANJ
ASSAM
8: JAMAL AHMED TAPADAR
RESIDENT OF VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR DIST KARIMGANJ
ASSAM
9: SAYED AHMED TAPADAR
RESIDENT OF VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR DIST KARIMGANJ
ASSAM
VERSUS
LEGAL HEIRS OF HARUNAR RAHMAN RAJIA KHAN AND ORS
(DAUGHTER) W/O EMA UDDIN KHAN
D/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF BHANGABAZAR
PO BHANGABAZAR
PS BADARPUR DIST KARIMGANJ
ASSAM
2:MUSSTT. SAIRA KHANAM
W/O MUJIBAR RAHMAN CHOUDHURY
D/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF BHANGABAZAR
PO BHANGABAZAR
PS BADARPUR DIST KARIMGANJ
ASSAM
3:MUSST. HAJIRA KHANOM (DAUGHTER )
W/O LATE SHAHID AHMED
D/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF BHANGABAZAR
Page No.# 3/6
PO BHANGABAZAR
PS BADARPUR DIST KARIMGANJ
ASSAM
4:KAMAL KHAN
S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
PO HASANPUR PS BADARPUR
DIST KARIMGANJ
ASSAM
5:JAMAL KHAN
S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
PO HASANPUR PS BADARPUR
DIST KARIMGANJ
ASSAM
6:EKBAL KHAN
S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
PO HASANPUR PS BADARPUR
DIST KARIMGANJ
ASSAM
7:IBJAL KHAN
S/O LATE ABDUL KHALIQUE KHAN
RESIDENT OF VILLAGE HAJIPUR
PO HASANPUR PS BADARPUR
DIST KARIMGANJ
ASSAM
8:RAHAMUN NESSA
D/O LATE AHMED ALI
RESIDENT OF VILLAGE DIGHIPAR
PO AND PS BADAPUR
DIST KARIMGANJ
ASSAM
9:MEHERUN NESSA KHATUN
D/O LATE AHMED ALI
W/O LATE ABDUL TAHER
RESIDENT OF VILLAGE DEORAIL
PO AND PS BADARPUR
DIST KARIMGANJ
ASSAM
10:MD. KHALILUR RAHMAN
S/O HAJI AHMED ALI
VILLAGE DEORALI
PO BADARPURGHAT
PS BADARPUR
Page No.# 4/6
DIST KARIMGANJ
ASSAM
11:KAMAL UDDIN
VILLAGE KHADIMAN
PO BADARPURGHAT
PS BADARPUR
DIST KARIMGANJ
ASSAM
12:THE STATE OF ASSAM
ASSAM
13:SUB REGISTRAR
KARIMGANJ
14:SUB REGISTRAR
BHANGABAZAR
PO PS AND DIST KARIMGANJ
------------
Advocate for the applicant(s): Mr. A Sattar
Advocate for the respondent(s): Ms. D D Barman
Additional Senior Govt. Advocate
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
06.05.2024
This is an application under Order XLI Rule 5 of the Code of Civil Procedure,
1908 (for short, the Code).
2. I have heard Mr. A Sattar, the learned counsel appearing on behalf of the
Page No.# 5/6
applicants and Ms. DD Barman, the learned Additional Senior Government
Advocate for the opposite parties No.4, 5 and 6.
3. Issue notice, returnable on 24.06.2024.
4. Applicants to take steps for service of notice upon the respondent Nos.1, 2
and 3 by way of registered post with A/D as well as by usual process within
three days.
5. Ms. DD Barman, the learned Additional Senior Government Advocate
accepts notice on behalf of respondent Nos.4, 5 and 6. Therefore, no further
steps upon the said respondents need be taken. However, extra copies of the
instant application be served upon her within three days.
6. Taking into account that this Court had admitted the accompanying second
appeal by formulating the substantial question of law and the records have also
been duly called for, this Court stays the judgment and decree dated 19.12.2023
passed by the learned District Judge, Karimganj in Title Appeal No.02/2014 till
the next date fixed.
7. List on 24.06.2024.
Page No.# 6/6
JUDGE
Comparing Assistant
