Disposed

On the Death of Jalal Uddin His Legal Heirs Kechera Begum and 3 Ors. v. Gias Ahmed Chowdury and Ors.

Gauhati HC5 Feb 2020I.A.(Civil)/130/2020

Case brief

AI extract

What is this about?

The Gauhati High Court impleaded the legal heirs of a deceased appellant in a stay application due to his death, noting the application was within limitation, and ordered registry corrections.

What did the court decide?

Impleaded Kechera Begum, Altaf Hussain, Mujakkir Hussain and Salma Begum as Appellants No.2(a)-(d) and ordered registry to correct the cause title.

On the Death of Jalal Uddin His Legal Heirs Kechera Begum and 3 Ors. Vs Gias Ahmed Chowdury and Ors. — Gauhati HC (2020) — LawSathi Research

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GAHC010001402020

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

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Case No. : I.A.(Civil) 130/2020

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1:ON THE DEATH OF JALAL UDDIN HIS LEGAL HEIRS KECHERA BEGUM AND 3 ORS

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R/O VILL. HARIKURI, P.O. RAKESH NAGAR, P.S. AND DIST. KARIMGANJ, ASSAM.

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2: ALTAF HUSSAIN (SON) R/O VILL. HARIKURI P.O. RAKESH NAGAR P.S. AND DIST. KARIMGANJ ASSAM.

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3: MUJAKKIR HUSSAIN (SON) R/O VILL. HARIKURI P.O. RAKESH NAGAR P.S. AND DIST. KARIMGANJ ASSAM.

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4: SALMA BEGUM (DAUGHTER) R/O VILL. HARIKURI P.O. RAKESH NAGAR P.S. AND DIST. KARIMGANJ ASSAM

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VERSUS

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1:GIAS AHMED CHOWDURY and ORS,

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S/O LATE KHALILUR RAHMAN CHOUDHURY, R/O VILL. ROUTH GRAM, P.O. KALIGANJ, P.S. AND DIST. KARIMGANJ

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Page No.# 2/5

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2:NAZAM UDDIN CHOWDHURY S/O LATE AFTABUR RAHMAN CHOUDHURY

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3:SIRAJUL HAQUE CHOWDHURY S/O LAT ARJUMOND ALI CHOUDHURY ALL ARE OF VILL.ROUTH GRAM P.O. KALIGANJ P.S. and DIST. KARIMGANJ

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4:NAZMUL ISLAM CHOWDHURY S/O LATE GOLAM MUSTAFA CHOUDHURY

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5:FARUQUE AHMED CHOWDHURY S/O LATE ABDUL MUNIM CHOUDHURY

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6:JAMIL AHMED CHOWDHURY S/O LATE ABDUL MUNIM CHOUDHURY ALL ARE OF VILL. BAGBARI P.O. KALIGANJ

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P.S. and DIST. KARIMGANJ.

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7:ON DEATH OF ABDUL MATIN CHOWDHURY HIS LEGAL HEIRS SHAHAB ALAM CHOUDHURY

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8:SHAHADAT ALAM CHOUDHURY

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9:JUNEL AHMED COUHURY

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10:MURSHED ALAM CHOUDHURY S/O LATE ABDUL MATIN CHOWDHURY

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11:RAHANARA KHANAM CHOUDHURY W/O LATE ABDUL MATIN CHOWDHURY ALL ARE OF VILL. and P.O. MAIZGRAM P.S. and DIST. KARIMGANJ.

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Page No.# 3/5

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12:ABDUL KARIM S/O LATE AKLIM ALI

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13:ABDUL MANNAN S/O LATE IDRIS ALI

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14:ABDUR RAHMAN S/O LATE IDRIS ALI

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15:KHALILUR RAHMAN S/O LATE AYUB ALI

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16:ABDUL RAZZAK S/O LATE HAZI KALA MIA

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17:ABDUL SATTAR S/O LATE HAZI KALA MIA

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18:ABDUL HAKIM

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19:ABDUL HAKIM

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20:ABDUL HAMID S/O CHAD UDDIN

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21:TAHER UDDIN S/O MANAI MIA

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22:SAHID AHMED S/O ABDUL JABBAR ALL ARE OF VILL. HARIKURI P.O. RAKESH NAGAR P.S. and DIST. KARIMGANJ ASSAM

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23:DEPUTY COMMISSIONER KARIMGANJ

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P.O.

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P.S. and DIST. KARIMGANJ.

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24:SETTLEMENT OFFICER KARIMGANJ

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P.O. P.S. and DIST. KARIMGANJ

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25:SUB REGISTRER KARIMGAJ

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P.O. P.S. and DIST. KARIMGANJ

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26:STATE OF ASSAM

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Advocate for the Petitioner : MR. P K ROY

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Advocate for the Respondent : MR. R AHMED

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 05-02-2020

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Heard Mr. S K Chakraborty, learned counsel for the applicants. Also heard Mr. G Bordoloi, learned State counsel for the respondents No.18 to 22.

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Although Mr. I Rafique, learned counsel appears for the opposite parties No.1 to 17 and notice upon the said opposite parties had been duly served and inspite of his name being shown in the cause-list, Mr. I Rafique, learned counsel has chosen not to appear. Consequent thereof, we are taking up this application for substitution of the legal heirs of the appellant No.2 in the absence of the opposite parties No.1 to 17.

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During the pendency of SAO No.5/2016, the appellant No.2 namely, Jalal Uddin had died on 16.10.2019. On his death, this application for substituting the legal heirs was filed on 02.01.2020. We take note of that the application was filed within the prescribed limitation period.

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It is stated that the deceased Jalal Uddin died leaving behind the following legal heirs:

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Page No.# 5/5

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(i). Kechera Begum, aged about 75 years (wife)

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(ii). Altaf Hussain, aged about 34 years (son)

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(iii). Mujakkir Hussain, aged about 30 years (son)

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(iv). Salma Begum, aged about 28 years (daughter)

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We have also taken note of that when the deceased died his right to sue and to be sued still survived.

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Accordingly, the legal heirs of the deceased Jalal Uddin, namely, Kechera Begum, aged about 75 years (wife), Altaf Hussain, aged about 34 years (son), Mujakkir Hussain, aged about 30 years (son) and Salma Begum, aged about 28 years (daughter) are impleaded as appellants No.2(a), 2(b), 2(c) and 2(d) respectively.

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Registry to incorporate necessary correction in the cause title of the SAO No.5/2016.

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In terms of the above, interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

On the Death of Jalal Uddin His Legal Heirs Kechera Begum and 3 Ors. v. Gias Ahmed Chowdury and Ors.

Case brief

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On the Death of Jalal Uddin His Legal Heirs Kechera Begum and 3 Ors. v. Gias Ahmed Chowdury and Ors.

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