3: Farzana Anjum Hussain vs On The Death Of Nazimul Islam
2025 Latest Caselaw 59 Gua

Gauhati High Court

3: Farzana Anjum Hussain vs On The Death Of Nazimul Islam on 1 May, 2025

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GAHC010012832025




                                                            2025:GAU-AS:5345

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

                         Case No. : I.A.(Civil)/1128/2025

         ON THE DEATH OF TASADDUK HUSSAIN, AND OTHERS
         HIS LEGAL HEIRS

         1.1: SAHIDA HUSSAIN
          RESIDENT OF COL. J ALI ROAD
          LAKHTOKIA
          GUWAHATI 781001
          KAMRUP M ASSAM

         1.2: TANWEER ZIAD HUSSAIN
          RESIDENT OF COL. J ALI ROAD
          LAKHTOKIA
          GUWAHATI 781001
          KAMRUP M ASSAM

         1.3: FARZANA ANJUM HUSSAIN
          RESIDENT OF PURANIGUDAM
          NAGAON
         ASSA

         VERSUS

         ON THE DEATH OF NAZIMUL ISLAM,
         HIS LEGAL HEIRS

         1.1:MUSST. NAZRANA AHMED

          W/O LATE NAZIMUL ISLAM

         RESIDENT OF KNC BORDOLOI PATH
         BAIRAGI MATH
         DIBRUGARH TOWN
         DIBRUGARH
         ASSAM 786003
                                                                     Page No.# 2/7


            1.2:MASTER NUMDIR ISLAM
             RESIDENT OF KNC BORDOLOI PATH
             BAIRAGI MATH
             DIBRUGARH TOWN
             DIBRUGARH
            ASSAM 786003

            1.3:MASTER NAMIR ISLAM
             RESIDENT OF KNC BORDOLOI PATH
             BAIRAGI MATH
             DIBRUGARH TOWN
             DIBRUGARH
            ASSAM 786003

            2:SRI SADYUT SANDHAN
             S/O LT. INDIBOR GOGOI R/O NEAR BIRLA FACTORY P.O. RONG KRELONG
             DIPHU
             DIST. KARBI ANGLONG
            ASSAM. 782460

            3:SMT. TULUMONI GOGOI
            W/O SRI PURNANANDA GOGOI RESIDENT OF DHARAMNALA TOWN
             P.O. and P.S. DIPHU DIST. KARBI ANGLONG
            ASSAM. 782460

            4:SMT. KASTURIKA BURAGOHAIN
            W/O BIMAL BURAGOHAIN R/O DHARMANALA TOWN
             NEAR DIP CHAND BUILDING P.O. and P.S. DIPHU
             DIST. KARBI ANGLONG
            ASSAM. 78246

Advocate for the Petitioner   : MR. K R BOROOAH, MR P K KALITA

Advocate for the Respondent : , MR. B BARUAH




             Linked Case : RFA/57/2014

            ON THE DEATH OF TASADDUK HUSSAIN
            HIS LEGAL HEIRS 1)(a) SAHIDA HUSSAIN
            W/O LATE TASADDUK HUSSAIN
            R/O COL. J. ALI ROAD
            LKAHTOKIA
                                                          Page No.# 3/7

GUWAHATI- 781001
DIST. KAMRUP (M)
ASSAM.

1: (c) FARZANA ANJUM HUSSAIN
D/O LATE TASADDUK HUSSAIN

R/O PURANIGUDAM
NAGAON
DIST. NAGAON
ASSAM

1: (b) TANWEER ZIAD HUSSAIN
S/O LATE TASADDUK HUSSAIN
R/O KNCB ROAD
BAIRAGI MOTH
DIBRUGARH
DIST. DIBRUGARH
ASSAM.
VERSUS

ON THE DEATH OF NAZIMUL ISLAM HIS LEGAL HEIRS (1)(a) MUSSTT.
NAZRANA AHMED AND 5 ORS
W/O LATE NAZIMUL ISLAM
RESIDENT OF KNCB ROAD
BAIRAGI MOTH
DIBRUGARH
DIST. DIBRUGARH
ASSAM.

1:(c) MASTER NAMIR ISLAM
S/O LT. NAZIMUL ISLAM BOTH 1(b) AND 1(c) ARE MINORS AND ARE LIVING
UNDER THE CARE AND CUSTODY OF THEIR MOTHER 1(a) ALL ARE
RESIDENT OF KNCB ROAD
 BAIRAGI MOTH
 DIBRUGARH
 DIST. DIBRUGARH
ASSAM.

1:(b) MASTER NUMDIR ISLAM
S/O LT. NAZIMUL ISLAM


2:SRI SADYUT SANDHAN
S/O LT. INDIBOR GOGOI R/O NEAR BIRLA FACTORY P.O. RONG KRELONG
DIPHU
DIST. KARBI ANGLONG
ASSAM.
                                                                        Page No.# 4/7


            3:SMT. TULUMONI GOGOI
            W/O SRI PURNANANDA GOGOI P.O. and P.S. DIPHU DIST. KARBI ANGLONG
            ASSAM.

             4:SMT. KASTURIKA BURAGOHAIN
            W/O BIMAL BURAGOHAIN R/O DHARMANALA TOWN
             NEAR DIP CHAND BUILDING P.O. and P.S. DIPHU
             DIST. KARBI ANGLONG
            ASSAM.
             ------------
            Advocate for : MR. K K BARUAH
            Advocate for : MR. D BARUAH (R- 3 & 4) appearing for ON THE DEATH OF
            NAZIMUL ISLAM HIS LEGAL HEIRS (1)(a) MUSSTT. NAZRANA AHMED AND
            5 ORS



                                   BEFORE
                   HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                      ORDER

Date : 01.05.2025 Heard Mr. P. K. Kalita, learned Senior counsel assisted by Mr. K. R. Borooah, learned counsel for the applicants. None appears for the respondents on call.

2. This interlocutory application is filed under Order 10 Rule 2 of the Code of Civil Procedure for impleadment of certain persons as respondents in the connected regular first appeal.

3. It appears that on the last occasion i.e. 07.04.2025 also when the matter was called, there was no representation on behalf of the respondents despite the name of the learned counsel for the respondent being reflected in the Cause-list on both the occasions i.e. 07.04.2025 as well as today. The matter is accordingly, taken up for disposal.

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4. The brief facts of the case is that the applicants had preferred the regular first appeal against the judgment & decree dated 30.06.2024 passed by the learned Civil Judge (Senior Division) No.2, Kamrup(M) at Guwahati, whereby the Title Suit No.396/2005 filed by the predecessor of the applicants was dismissed. It appears that the predecessor of the applicants had filed the suit and consequently the connected first appeal against the respondents with regard to certain landed properties which was allegedly sold to the above respondents by one Late Nazimul Islam, i.e. the predecessor of the respondent Nos.1(a), 1(b) and 1(c) in the connected regular first appeal.

5. It appears that during the pendency of the regular first appeal, the aforesaid land is alleged to have been sold by the respondents to other persons and as such, the present application is being filed for impleading the new purchasers.

6. Heard Mr. P. K. Kalita, learned Senior counsel for the appellants submits that since during the pendency of the appeal, the subject land has been illegally sold by the respondents to four persons, the presence of the aforesaid four persons is essential and necessary for effective adjudication of the first appeal and accordingly, seeks impleadment of them.

7. I have given by prudent considerations to the submissions advanced by the learned counsel for the appellants and also perused the material available on record.

8. Apt to reproduce paragraph Nos. 5, 6 and 7 of the instant application, which reads as hereunder:-

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"5. That, it is stated that the respondent nos. 3 and 4 have acted illegally to render the decree of the trial court as a mere paper decree by illegally selling off certain plots of land from the Schedule D of the plaint to the persons as has been stated herein above. Such actions on the part of the respondent nos. 3 and 4 will substantially have a detrimental effect upon the execution proceedings when the same will be initiated after the disposal of the connected first appeal, subject to setting aside of the decree of dismissal, by this Hon'ble Court.

6. That, the third parties who have bought certain plots of land contained in Schedule D of the plaint are required to be impleaded in the instant first appeal as because the outcome of the instant first appeal shall directly and substantially affect their rights upon the concerned plots of land contained in Schedule D of the plaint.

7. That, during the pendency of the appeal, the respondent nos. 3 and 4 had illegally sold their land to other persons as such they are required to be impleaded in the appeal as party respondent so that the appeal is heard in their presence. The persons who purchased the land may be impleaded as respondent nos. 5, 6, 7 and 8. The names of the persons are as under:

(5) Mrs. Sagarika Das, wife of Ranjit Kumar Medhi, resident of village and P.O. Keotkuchi, District- Barpeta, Assam, PIN, 781309 (6) Mrs. Bina Das, Wife of Late Satyendra Nath Das, Resident of Village and P.O. Ganakkuchi, District-Barpeta, PIN 781314 (7) Mrs. Phunu Das, Wife of Ramenjit Das, resident of Majorhati, L.N. Road, P.O and P.S. Barpeta, District Barpeta, PIN 781301 (8) Anil Dutta, Son of Akon Ch. Dutta, Resident of (Unknown) The said persons may be impleaded in the appeal and necessary notices/summons may be issued to them."

9. On perusal of the aforesaid averments, it appears that during pendency of the regular first appeal, third parties have bought certain Page No.# 7/7

plots of the disputed land, which is alleged to have been sold by the respondents to them. The names of the aforesaid persons are as under:-

(i) Mrs. Sagarika Das, wife of Ranjit Kumar Medhi, resident of village and P.O. Keotkuchi, District- Barpeta, Assam, PIN, 781309,

(ii) Mrs. Bina Das, Wife of Late Satyendra Nath Das, Resident of Village and P.O. Ganakkuchi, District-Barpeta, PIN 781314,

(iii) Mrs. Phunu Das, Wife of Ramenjit Das, resident of Majorhati, L.N. Road, P.O and P.S. Barpeta, District Barpeta, PIN 781301,

(iv) Anil Dutta, Son of Akon Ch. Dutta, Resident of (Unknown).

10. That being so, this Court is of the considered view that the presence of the aforesaid persons is essential and necessary for effective adjudication of the matter. Accordingly, the impleading application stands allowed.

11. It is provided that the names of (i) Mrs. Sagarika Das, (ii) Mrs. Bina Das, (iii) Mrs. Phunu Das and (iv) Anil Dutta be impleaded as respondent Nos. 5, 6, 7 and 8 respectively, in the connected Regular First Appeal No.57/2014.

12. Let an amended Cause-title be submitted before the Registry of this Court within a period of 1(one) week from today, for doing the needful.

JUDGE

Comparing Assistant