Gauhati High Court
Page No.# 1/5 vs On The Death Of Monser Ali His Legal Heirs ... on 4 August, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/5
GAHC010121952025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2446/2025
ON THE DEATH OF ESHAHAQUE ALI HIS LEGAL HEIRS NAMELY SHORHAB
ALI AHMED AND 11 ORS
DIST. BARPETA
2: SHORBESH ALI
DIST. BARPETA
3: JAMIR ALI
DIST. BARPETA
4: SHARIFUL ISLAM
DIST. BARPETA
5: MAMTAZ BEGUM
DIST. BARPETA
6: HASHEDA KHATUN
DIST. BARPETA
7: MAJEDA KHATOON
DIST. BARPETA
8: ASHIA KHATOON
DIST. BARPETA
9: RUSNARA BEGUM
DIST. BARPETA
10: FIROJA KHATOON
Page No.# 2/5
DIST. BARPETA
11: KHODEJA KHATOON
DIST. BARPETA
12: SAFATON NESSA
NO.1 TO 4 ARE SONS
NO. 5 IS WIFE NO. 6 TO 12 ARE DAUGHTERS OF LATE ESHAHAQUE ALI
ALL ARE R/O VILL. CHIDUNI
MOUZA JANIA
P.S. BAGHBAR
DIST. BARPETA
ASSAM
PIN 781308
VERSUS
ON THE DEATH OF MONSER ALI HIS LEGAL HEIRS AND ORS
NAMELY
2:MONOWARA KHATUN
DIST. BARPETA
3:MOYNAL HAQUE
DIST. BARPETA
4:FUL KHATUN
NO.1(A) IS DAUGHTER NO. 1(B) IS SON AND 1(C) IS WIFE OF LATE MONSER
ALI
ALL ARE R/O VILL. CHIDUNI
MOUZA JANIA
P.S. BAGHBAR
DIST. BARPETA
ASSAM
PIN 781308
5:SOFIYA KHATUN
DIST. BARPETA
6:ALI AKABBAR MIAH
DIST. BARPETA
7:RIYAZUDDIN
DIST. BARPETA
8:MAYNUL HAQUE
DIST. BARPETA
9:SAMSUL HAQUE
Page No.# 3/5
DIST. BARPETA
10:AKBAR ALI
DIST. BARPETA
11:NAYAN ALI
DIST. BARPETA
12:JAKIR HUSSAIN
DIST. BARPETA
13:NAYAN BHANU BIDHABA
NO. 2 IS DAUGHTER
NO. 3 TO 9 ARE SONS AND NO. 10 IS WIFE OF LATE SIKANDAR ALI
14:HABIBAR RAHMAN
S/O LATE MIYARUDDIN
15:JABBAR ALI
S/O HABIBAR RAHMAN
16:BEHUWA KHATUN
W/O HUTU MIA
17:BHANU BIBI
D/O MAGRAM ALI
18:MANIJAN NESSA
W/O LATE ABDUL GAFUR
19:HAMID ALI
S/O KIKANDAR ALI
20:FAZAL HAQUE
S/O KIKANDAR ALI
21:SABURJAN NESSA
W/O KIKANDAR ALI
NOS. 2 TO 18 ALL ARE R/O VILL. CIDHUNI
MOUZA JANIA
P.S .BAGHBAR
DIST. BARPETA
ASSAM
PIN 781308
Page No.# 4/5
22:KUSUM ALI
S/O LATE ABED ALI
R/O VILL. CHAOLKHOWARPAR
P.S. MUKALMUA
DIST. NALBARI
ASSAM
PIN 781126
23:IDRISH ALI
S/O MAGRAM ALI
ALL ARE R/O VILL. CHIDUNI
MOUZA JANIA
P.S. BAGHBAR
DIST. BARPETA
ASSAM
PIN 781308
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Advocate for : MR. A C SARMA
Advocate for : appearing for ON THE DEATH OF MONSER ALI HIS LEGAL HEIRS
AND ORS
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 04.08.2025
1. Heard Mr. G. Bjaradwaj, learned counsel for the applicants.
2. This application has been filed praying for stay in the Judgment and Decree
dated 04.03.2025, passed by the learned Civil Judge (Sr. Div.), Barpeta in Title Appeal
No.28/2022 arising out of the Judgment and Decree dated 28.03.2022, passed by the
Learned Munsiff No.1, Barpeta in Title suit No.215/2009.
3. Since the regular second Appeal is admitted for hearing, the prayer made by
the applicant is allowed.
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4. The Judgment and Decree dated 04.03.2025, passed by the learned Civil
Judge (Sr. Div.), Barpeta in Title Appeal No.28/2022 arising out of the Judgment and
Decree dated 28.03.2022, passed by the Learned Munsiff No.1, Barpeta in Title suit
No.215/2009 shall remain stayed till disposal of the connected Appeal.
5. The I.A. stands disposed of.
JUDGE
Comparing Assistant
