Gauhati High Court
Ashraful Islam Alias Ashraful Miah vs Jahiran Bewa And 19 Ors on 8 October, 2025
Page No.# 1/7
GAHC010219242025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/168/2025
ASHRAFUL ISLAM ALIAS ASHRAFUL MIAH
SON OF ABDUL MALAK
RESIDENT OF VILLAGE ISAKURI (CHORMRASALI), PO AND PS
MANKACHAR, DISTRICT SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
JAHIRAN BEWA AND 19 ORS.
W/O LATE HURMUJ ALI
RESIDENT OF VILLAGE JANGAL, PS AND PO MANKACHAR, DISTRICT
SOUTH SALMARA MANKACHAR, ASSAM, 783131
2:JAHURUL HOQUE
SON OF LATE HURMUJ ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
3:SAHERA KHATUN
WIFE OF LATE SORHAB ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
4:JAMAL SK ALIAS JAMAL UDDIN
SON OF LATE SAMAT ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
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DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
5:JAHIRUL SHEIKH
SON OF LATE CHOMOR SHEIKH
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
6:JAHURE BEWA
W/O LATE SHAHEB ALI @ SAIB ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
7:NUR AMIN
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
8:NUR JAMAL
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
9:NUR HOSSEIN
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
10:ILIAS SHEIKH
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
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PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
11:NURAL ISLAM
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
12:SABURA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
13:MAJEDA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
14:LUFTA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
15:ROSHIDA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
16:MANJILA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
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PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
17:NUR BEGUM
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
18:KASHEM ALI
SON OF LATE SABED ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
19:AMJAD ALI
SON OF LATE MOIJUDDIN
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
783131
20:SAHEBA BIBI
W/O KASHEM ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
78313
Advocate for the Petitioner : MR. P P DAS, MD A RAHMAN,MR. SURAJIT DAS
Advocate for the Respondent : ,
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BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 08.10.2025
1. Heard Mr. P.P Das, learned counsel for the appellant.
2. The instant regular second appeal under Section 100 of the
Civil Procedure Code, 1908 (C.P.C) is preferred by the appellant
herein, aggrieved by order dated 25.06.2025 passed by the Ld.
District Judge, South Salmara, Mancachar, in Title Appeal No.
01/2024 - whereby the judgment and order dated 29.07.2024
passed by the Ld. Civil Judge (Sr. Division), South Salmara,
Mancachar in Title Execution No. 1 of 2021 was dismissed.
3. It is submitted that the plaintiffs had preferred Title Suit No.
09 of 2012 which was decreed on 14.12.2017 and that the same
attained finality. With regard to the same, Title Execution No. 06
of 2018 was initiated before the Ld. Court at Dhubri and
subsequently, due to administrative division, the case was
transferred to South Salmara wherein it was re-registered as T.S
Execution 01 of 2021 - where the aforesaid impugned orders
came to be passed.
4. It is submitted and contended that the present appellant
Ashraful Islam @ Ashraful Miah is the son of Abdul Malek and
claiming to be in occupation of 19 lechas of land out of the suit
land which was the subject of the decree and therefore, as a
interested third party, he invoked the jurisdiction of the executing
Court under Order 21 Rule 97/101 of the Civil Procedure Code,
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1908 (C.P.C). It is contended that the said petition was however
dismissed by the Ld. Courts below vide the impugned orders and
by holding that one Malek Sheikh who was impleaded as plaintiff
No. 9 in the suit is the father of the present appellant and
therefore, the present appellant does not have sufficient merits to
invoke the jurisdiction under Order 21 Rule 97/101 as a third
party seeking adjudication of his own independent rights. It is
contended that the said Malek Sheikh/plaintiff No. 9 is not the
father of the present appellant Ashraful Islam @ Ashraful Miah.
5. Upon perusing the relevant materials available at this stage,
the appeal is admitted under Section 100 of the Civil Procedure
Code, 1908 (C.P.C) on the following substantial questions of law :
(i) Whether the Ld. Courts below passed the impugned
judgments and orders without following the procedure
enumerated under Order 21 Rule 101 of the Civil Procedure
Code, 1908 (C.P.C) and without sufficiently
determining/adjudicating the question as to whether the father
of the present appellant by the name Abdul Malek is the same
person as Malek Sheikh who was plaintiff No. 9 in the suit.
(ii) Whether the Ld. Courts below failed in adjudicating the
question as to whether the appellant claiming to be Ryot had
separate right title and interest with regard to the said 19 lechas
of land out of the suit land.
(iii) Any other substantial question of law that may be
required at the time of final hearing.
6. The appellant shall take steps for issuance of notice upon the
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20 respondents.
7. List the matter on 17.11.2025 in the orders column.
JUDGE
Comparing Assistant
