Page No.# 1/4 vs Jahur Ali And 3 Ors
2024 Latest Caselaw 8402 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

GAHC010197882024




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

                          Case No. : RSA/197/2024

         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
         ASSAM
                                                       Page No.# 2/4


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 ASSA

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
MOUZA GUVA
DIST MORIGAON ASSAM
                                                                     Page No.# 3/4


            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 ASSA

Advocate for the Petitioner   : MR. J AHMED, MS A HUSSAIN,R BEGUM

Advocate for the Respondent : ,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

Date : 18.11.2024

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

By filing this appeal under Section 100 CPC, the appellants have prayed for setting aside the 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.

Issue notice to the respondents.

Page No.# 4/4

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

Call for the trial court records.

Registry to procure the records.

List after four weeks.

JUDGE

Comparing Assistant