Disposed

Jahidul Islam and Anr. v. Abu Shama and 11 Ors.

Gauhati HC12 Feb 2020I.A.(Civil)/241/2020

Case brief

AI extract

What is this about?

The Court disposed of an interlocutory application alleging violation of an order of status quo. It directed parties, especially respondents, to undertake no further construction and jointly submitted photographs of the site to the Registry to verify the current state of construction.

What did the court decide?

No construction to be undertaken; parties to jointly submit photographs of the suit land to the Registry.

Jahidul Islam and Anr. Vs Abu Shama and 11 Ors. — Property and Title | Gauhati HC (2020)

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Page No.# 1/4

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GAHC010019682020

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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) 241/2020

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1:JAHIDUL ISLAM and ANR.

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S/O ABU BAKKAR, R/O DEORIKUCHI, MOUZA GHILAJERI, P.S. AND DIST. BARPETA, ASSAM.

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2: NUR MOHAMMAD

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BOTH ARE SONS OF ABU BAKKAR R/O DEORIKUCHI MOUZA-GHILAJERI P.S. and DIST. BARPETA ASSAM

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VERSUS

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1:ABU SHAMA and 11 ORS.

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S/O LATE HAZI SAHEB ALI, R/O DEORIKUCHI, MOUZA GHILARAJI, P.S. AND DIST. BARPETA

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2:MD. ZAKIR HUSSAIN S/O MASER UDDIN VILL. SOHABIL DOLONI MOUZA NAGAON DIST. BARPETA

3:ABU BAKKAR MIA

4:SULEMAN ALI

5:FAZAL ALI

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PROFORMA RESPONDENTS NOS. 1 TO 4 ARE SONS OF LATE HAZI SAHEB ALI

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6:ABDUL HAI S/O FAZAL HAQUE PROFORMA RESPONDENTS NO. 1 TO 5 ARE RESIDENT OF NO. 1 - 5 VILL. DEORIKUCHI.

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7:BASATAN NESSA W/OABDUL GOUFUR

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8:ASATAN NESSA

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W/O ABDUL KARIM

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9:AYINA KHATUN D/O LATE SAHEB ALI W/OABDUL KARIM.

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10:ABU HAYAT

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S/O LATE HAHEB ALI

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11:ABDUL KADER W/O PALU BEPARI

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PROFORMA RESPONDENTS NOS. 10 TO 13 ARE RESIDENTS OF VILL. DANGARKUCHI GHILAJARI

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12:ABDUL WAHAB MIA S/O ABDUL GAFUR

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13:AKRAM HUSSAIN S/O HAZI KADAM ALI

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14:ABU SAMA S/O LATE HAZI SAHEB ALI

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PROFORMA RESPONDENTS NOS. 14 TO 16 ARE RESIDENTS OF VILL. ADITPUR TITAPANI MOUZA BAGHBAR

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Advocate for the Petitioner : MR G N SAHEWALLA

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Advocate for the Respondent : MR. A R SIKDAR

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 12-02-2020

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Heard Mr. GN Sahewalla, learned Senior Counsel for the applicants and Mr. AR Sikdar, learned counsel for the respondent No.2.

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An order dated 16.02.2018 was passed in I.A. (Civil) No.507 of 2017 in RSA No.115 of 2013, by which both the parties were directed to maintain status quo in respect of the possession of the suit land. The said order under Order 39 Rule 1 and 2 CPC was passed on an application by the applicants herein that the respondents and their men and agents are carrying out construction and dispossessing the applicants in respect of the suit land. This interlocutory application under Section 151 CPC has been filed on the allegation that inspite of the order of status quo, the respondents continued to proceed with some construction over the suit land.

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Mr. AR Sikdar, learned counsel for the respondent Zakir Hussain has made a categorical statement that the respondents had carried out some repair works in an existing latrine located over the suit land and had not undertaken any construction beyond that.

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In view of such categorical statement of the respondent Zakir Hussain, we dispose of this interlocutory application with a direction to the parties particularly, the respondents that no construction henceforth shall be constructed over the suit land until further order. In order to ensure that no construction would be carried out, both the respondents and the applicants shall jointly file certain photographs of the state of the suit land and the construction thereon as on today. The said photographs shall be made a part of the record as to ascertain whether any further construction had been carried out. The photographs be submitted to the Registry

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and the same shall be kept as a part of the record of RSA 115 of 2013, fixing 19.02.20202.

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JUDGE

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Comparing Assistant

Jahidul Islam and Anr. v. Abu Shama and 11 Ors.

Case brief

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Jahidul Islam and Anr. v. Abu Shama and 11 Ors.

Case brief

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