Page No.# 1/4 vs Jahur Ali And 3 Ors
2024 Latest Caselaw 8401 Gua

Gauhati High Court

Page No.# 1/4 vs Jahur Ali And 3 Ors on 18 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                 Page No.# 1/4

GAHC010197872024




                                                          undefined

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

                               I.A.(Civil)/3282/2024

         ON THE DEATH OF IRFAN ALI HIS LEGAL HEIRS HASEN ALI AND ORS
         S/O IRFAN ALI RESIDENT OF VILLAGE SENIMARI
         PO AND PS JAGIROAD
         MOUZA GUVA
         DIST MORIGAON ASSAM

         2: MD. ASADUL ALI
         S/O IRFAN ALI
         RESIDENT OF VILLAGE SENIMARI
          PO AND PS JAGIROAD
          MOUZA GUVA
          DIST MORIGAON ASSAM

         3: MUSST. RAHIMA KHATUN
         W/O MD. HABIZUDDIN

         RESIDENT OF VILLAGE DHANSALI
         PO AND PS JAGIROAD
         MOUZA GUVA
         DIST MORIGAON ASSAM

         4: MUSSTT. HALIMA KHATUN
         W/O MUSST. MOINUL HAQUE

         RESIDENT OF VILLAGE QUADAL
         PO AND PS JAGIROAD
         MOUZA GUVA
         DIST MORIGAON ASSAM

         5: SALEHA KHATUN @ MUSST. SALEHA BEGUM
         W/O MD. INTAZ ALI VILLAGE DABAKA
         MOUZA DABAKA
         PO AND PS DABAKA
         DIST NAGAON
                                          Page No.# 2/4

ASSAM

6: RAHILA KHATUN @ MUSST. RAHILA BEGUM
W/O MD. AYUB ALI

RESIDENT OF VILLAGE SENIMARI
PO AND PS JAGIROAD
MOUZA GUVA
DIST MORIGAON ASSAM

7: AMBIYA BEGUM
W/O AINUL HAQUE

RESIDENT OF VILLAGE SENIMARI
PO AND PS JAGIROAD
MOUZA GUVA
DIST MORIGAON ASSAM

8: MUSST. TASLIMA BEGUM
W/O NASIR UDDIN

VILLAGE JAMUNAMUKH

PO AND PS JAMUNAMUKH
DIST HOJAI
ASSAM

9: MD. SIDDIK ALI
S/O LATE MAHAR ALI

RESIDENT OF VILLAGE SENIMARI
PO AND PS JAGIROAD
MOUZA GUVA
DIST MORIGAON ASSAM
VERSUS

JAHUR ALI AND 3 ORS
S/O ALI HUSSAIN
 RESIDENT OF VILLAGE SENIMARI
 PO AND PS JAGIROAD
 MOUZA GUVA
 DIST MORIGAON ASSAM

2:MD. IDRISH ALI
S/O ALI HUSSAIN

RESIDENT OF VILLAGE SENIMARI
PO AND PS JAGIROAD
                                                                      Page No.# 3/4

           MOUZA GUVA
           DIST MORIGAON ASSAM

          3:MD. MOINUL HOQUE
          S/O LATE SURUJ ALI

          S/O ALI HUSSAIN

          RESIDENT OF VILLAGE SENIMARI
          PO AND PS JAGIROAD
          MOUZA GUVA
          DIST MORIGAON ASSAM

           4:MD. AINUL HOQUE

          S/O LATE SURUJ ALI

          S/O ALI HUSSAIN

          RESIDENT OF VILLAGE SENIMARI
          PO AND PS JAGIROAD
          MOUZA GUVA
          DIST MORIGAON ASSAM
          ------------
          Advocate for : MR. J AHMED
          Advocate for : appearing for JAHUR ALI AND 3 ORS



                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 18.11.2024

Heard Mr. J.Ahmed, learned counsel for the applicants.

By filing this application under Order 41 Rule 5 of the CPC, the applicants have prayed for stay of the operation of the impugned Judgment and decree dated 08.07.2024 passed by the learned Civil Judge (Sr.Division), Morigaon in Title Appeal No.5/2021 upholding the Judgment and Decree dated 19.02.2021 passed by the learned Munsiff No.2, Morigaon decreeing Title Suit No.63/2013.

Page No.# 4/4

Issue notice to the opposite parties.

Applicants shall take steps for service of notice on opposite party Nos. 1 to 4 by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 7 days.

List after four weeks.

JUDGE

Comparing Assistant