Gauhati High Court
Page No.# 1/5 vs Fakar Uddin And 3 Ors on 24 March, 2025
Page No.# 1/5
GAHC010060192025
2025:GAU-AS:3263
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/104/2025
ABDUL KHALIQUE AND 12 ORS.
S/O- LATE SAFAT ALI, R/O- VILL.- SEDRIKONA, P.S. TAILLABAZAR, WARD
NO. 10, P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ), ASSAM
2: ON THE DEATH OF ABDUL KARIM
HIS LEGAL HEIRS NEOWA BEGUM
W/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
3: JABIR HUSSAIN
S/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
4: KAMIL HUSSAIN
S/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
5: SABINA BEGAM
D/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
Page No.# 2/5
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
6: JAMIL HUSSAIN
S/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
7: SAHINA BEGAM
D/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
8: MD. ANGSHAR HUSSAIN
S/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
9: MD. FAHIM HUSSAIN
S/O- LATE ABDUL KARIM
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
10: ABDUL JALIL
S/O- LATE SAFAT ALI
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
11: ABDUL RAHIM
S/O- LATE SAFAT ALI
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
Page No.# 3/5
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
12: ABDUL MUKIT
S/O- LATE SAFAT ALI
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
13: KABIR AHMED
S/O- LATE SAFAT ALI
R/O- VILL.- SEDRIKONA
P.S. TAILLABAZAR
WARD NO. 10
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSA
VERSUS
FAKAR UDDIN AND 3 ORS.
S/O- LATE SOFOR ALI, R/O- VILL.- RANGAPANI, P.O. TILLABAZAR, P.S.
AND DIST. SRIBHUMI (EARLIER KARIMGANJ), ASSAM, PIN- 788710.
2:ABDUL MALIK
S/O- MAKADDAS ALI
R/O- VILL.- RANGAPANI
P.O. TILLABAZAR
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
PIN- 788710.
3:ABDUL AHAD
S/O- LATE ABUL HUSSAIN
R/O- VILL.- RANGAPANI
P.O. TILLABAZAR
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
PIN- 788710.
4:SAHID AHMED
S/O- SAFIQUL HOQUE
R/O- VILL.- RANGAPANI
P.O. TILLABAZAR
P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ)
ASSAM
PIN- 788710
Page No.# 4/5
Advocate for the Petitioner : MR H R A CHOUDHURY, MS. R CHOUDHURY,MS. B.
HAZARIKA,MD. MEMON AHMED
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 24.03.2025
Heard Ms. R. Choudhury, learned counsel for the petitioner.
2. In this petition, under Article 227 of the Constitution of India, read with
Section 151 of Code of Civil Procedure, 1908, the petitioner has challenged the
correctness of the order dated 30.01.2025, passed by the learned Civil Judge
(Jr. Division), Sribhumi in T.S. No. 01/2017, by closing further cross-examination
of P.W.1 and also the impugned order dated 28.02.2025, passed by the learned
Civil Judge (Jr. Division), Sribhumi and the order dated 06.03.2025, passed by
the learned Civil Judge (Jr. Division), Sribhumi whereby the petition filed by the
petitioner for reopening the evidence of P.Ws was rejected.
3. The learned counsel for the petitioner also submits that the matter is listed
tomorrow i.e. 25.03.2025, for judgment, and that the learned trial Court has
dismissed the petition field by the petitioner for reopening the evidence of PWs
and that the petitioner may be granted only one chance to adduce evidence and
that the learned trial Court has also not allowed to file written argument by the
petitioner and therefore, Ms. Choudhury, learned counsel for the petitioner
contended to grant an opportunity to the petitioner to adduce evidence.
4. Having heard the submission of Ms. Choudhury, learned counsel for the
petitioner, I have gone through the order dated 30.01.2025, 28.02.2025 and
Page No.# 5/5
06.03.2025.
5. It appears from a bare perusal of the aforementioned orders that sufficient
opportunities were afforded to the petitioner to adduce evidence. But the
petitioner fails to avail the same. Further, it appears on the order dated
06.03.2025, that the plaintiffs/petitioners are granted liberty to submit their side
of argument before pronouncing the judgment. And in that view of the matter, I
find the submission of Ms. Choudhury bereft on merit.
6. Accordingly, this petition stands dismissed.
JUDGE
Comparing Assistant
