Nem Parween And Others vs Md. Mustafa And Others
2025 Latest Caselaw 7355 Jhar

Jharkhand High Court

Nem Parween And Others vs Md. Mustafa And Others on 9 December, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         Second Appeal No. 131 of 1998 (P)
                                       With
                              I.A. No. 14490 of 2025

               Nem Parween and others                 ...      ...     Appellants
                                     Versus
              Md. Mustafa and Others       ...            ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Rahul Kumar Gupta, Advocate : Mr. Akhouri Prakhar Sinha, Advocate For the Respondents : Mr. Aishwarya Prakash, Advocate

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78/09.12.2025

1. The learned counsel has referred to paragraph 11 of the interlocutory application which is proposed additional substantial question of law which reads as follows: -

(A) Whether Welyat Hussain had three wives namely Bibi Welayatun Nisa, Bibi Feroza Khanam and Bibi Jumrati Khanam or he had only two wives namely Welayatun Nisa and Bibi Jumrati Khanam?

(B) Whether Mirza Jainuddin i.e. the undisputed predecessor in interest of the Defendant/Appellant, was the son of Bibi Jumrati Khanam or as to whether said Bibi Jumrati Khanam had died issueless?

2. On the face of this proposed additional substantial question of law this court is of the considered view that the same are essentially questions of fact and not substantial question of law.

3. At this, the learned counsel for the appellants has submitted that he shall cite a judgment that in a case where decision would rest upon any question of fact, such question of fact by itself is to be termed as a substantial question of law. He seeks adjournment.

4. Post this case tomorrow i.e. 10.12.2025.

(Anubha Rawat Choudhary, J.) Binit