The Court substituted the deceased respondent in a regular second appeal with their legal representatives as the application was filed within time.
Respondent No. 1 is substituted with the legal representatives of Respondent No. 1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010047192022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/982/2022
MD ZAKIR HUSSAIN
S/O LATE SIRAJ ALI, R/O VILL. HATIMURIA, MOUZA and P.S. MOIRABARI, DIST. MORIGAON, ASSAM.
VERSUS
ON THE DEATH OF ABDUL KASAM HIS LEGAL HEIRS REHENA KHATUN W/O ABDUL KASAM, R/O VILL- TATIKATA PATHAR, MOUZA AND PS MOIRABARI, DIST. MORIGAON (ASSAM)
1.2:RAHIM UDDIN
S/O ABDUL KASAM R/O VILL- TATIKATA PATHAR MOUZA AND PS MOIRABARI DIST. MORIGAON (ASSAM)
1.3:RAFIKUL ISLAM S/O ABDUL KASAM
R/O VILL- TATIKATA PATHAR MOUZA AND PS MOIRABARI DIST. MORIGAON (ASSAM)
1.4:BAHARUL ISLAM S/O ABDUL KASAM R/O VILL- TATIKATA PATHAR MOUZA AND PS MOIRABARI DIST. MORIGAON (ASSAM)
1.5:SURIA ASHMIN D/O ABDUL KASAM W/O ANARUL R/O VILL- NIZ DHING
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PO- DHING
DIST. MORIGAON (ASSAM) PIN-782126
2:MD KHAZALUDDIN S/O ASRAF ALI R/O VILL- HATIMURIA MOUZA AND PS MOIRABARI DIST. MORIGAON (ASSAM)
3:MD JALAL UDDIN S/O ASRAF ALI R/O VILL- HATIMURIA MOUZA AND PS MOIRABARI DIST. MORIGAON (ASSAM)
4:MD ASRAF ALI @ HASEN ALI S/O LT. AMZOT ALI R/O VILL- HATIMURIA MOUZA AND PS MOIRABARI DIST. MORIGAON (ASSAM
Advocate for the Petitioner : MS B DEVI
Advocate for the Respondent :
Linked Case : RSA/238/2017
MD ZAKIR HUSSAIN S/O LATE SIRAJ ALI R/O VILL. HATIMURIA MOUZA and P.S. MOIRABARI DIST. MORIGAON ASSAM.
VERSUS
MD ABDUL KASAM and 3 ORS S/O LT. RUSTOM ALI BY RELIGION ISLAM BY PROFESSION CULTIVATION R/O VILL. TATIKATA PATHOR MOUZA and P.S. MOIRABARI DIST. MORIGAON ASSAM.
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2:MD. KHAZALUDDIN
S/O ASRAF ALI 3:MD. JALAL UDDIN
S/O ASRAF ALI 4:MD. ASRAF ALI @ HASEN ALI S/O LT. AMZOT ALI ALL ARE BY RELIGION ISLAM BY PROFESSION-CULTIVATION R/O VILL. HATIMURIA MOUZA and P.S. MOIRABARI DIST. MORIGAON ASSAM.
-----------Advocate for : MS B DEVI Advocate for : MR.R ALI R- 1-3R-4 appearing for MD ABDUL KASAM and 3 ORS
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 06/05/2022
:
Heard Ms. B. Devi, the learned counsel appearing for the Appellant/Applicant, who submits that the Respondent No. 1 in the Regular Second Appeal No. 238/2017 expired on 11/1/2022 leaving behind the legal representatives whose name appears in Paragraph No. 3 of the application.
The said application being within time, this Court accordingly substitutes Respondent No. 1 in RSA No. 238/2017 with the legal representatives of the Respondent No.1, whose name appears in Paragraph No. 3 of the application.
Registry is directed to make necessary changes in the cause title of the Regular Second Appeal.
JUDGE
Comparing Assistant
MD ZAKIR HUSSAIN
REHENA KHATUN
RAHIM UDDIN
RAFIKUL ISLAM
BAHARUL ISLAM
SURIA ASHMIN
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
