Allowed

Anowaruddin Wakf Estate v. Sri Bipin Dey and 3 Ors.

Gauhati HC3 Feb 2023I.A.(Civil)/1109/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application for the impleadment of opposite parties 5, 7, and 9 as respondents in a civil revision petition, finding them necessary for determination after accepting proof of service via newspaper publication.

What did the court decide?

Interlocutory Application allowed; opposite party numbers 5, 7 and 9 to be impleaded as respondents in CRP/221/2016; cause title to be corrected in registry.

Anowaruddin Wakf Estate Vs Sri Bipin Dey and… — Civil Procedure and Limitation | Gauhati HC (2023)

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GAHC010064122019

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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)/1109/2019

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ANOWARUDDIN WAKF ESTATE

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A WAKF REGISTERED WITH THE ASSAM BOARD OF WAKF, REPRESENTED BY ITS MUTAWALI SYED NASHIRUDDIN ULLAH, SITUATED AT GUWAHATI MEDICAL COLLEGE AND HOSPITAL ROAD, ANOWARPUR, BHANGAGARH, GUWAHATI-5

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VERSUS

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SRI BIPIN DEY and 3 ORS S/O LATE JANJU DEY, R/O SILIGURI, NORTH BENGAL, PIN 734004

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2:MD. ARIFUR RAHMAN S/O A. RAHMAN R/O RANGIYA MOUZA PANDURI DIST. KAMRUP ASSAM PRESENTLY RESIDING AT SRIMANTAPUR HOUSE NO. 3 BESIDE SRIMANTAPUR L.P. SCHOOL GUWAHATI 781032 DIST. KAMRUP (M) ASSAM

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3:MD. ABDUL MATLIB S/O AZAD ALI R/O BAIHATA CHARIALI MOUZA SILASENDURI GHOPA DIST.KAMRUP ASSAM 781381

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4:RAJENDRA KUMAR KALITA

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S/O LATE CHANA RAM KALITA R/O PURNAKAMDEV MOMAITOLA PIN 781350 DIST. NALBARI ASSAM PRESENTLY RESIDING AT AMBIKAGIRINAGAR PATH H. NO. 211 R.G. BARUAH ROAD P.S. GEETANAGAR GUWAHATI 24 5:MD. AMIR SHAH S/O LATE ISAR ALI R/O HALIGAON PALASBARI DIST. KAMRUP (ASSAM) 781122 7:THE ASSAM BOARD OF WAKF REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SEUJI PATH HATIGAON ROAD GUWAHATI 781038 DIST. KAMRUP (ASSAM) 9:KHAGEN CHANDRA KACHARI S/O LATE BIPIN KACHARI R/O LACHITNAGAR BYE LANE-5 OPP. GAURAV DEEP BUILDING GUWAHATI-7 DIST. KAMRUP (ASSAM

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Advocate for the Petitioner : MR. A DAS

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Advocate for the Respondent :

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Linked Case : CRP/221/2016

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ANOWARUDDIN WAKF ESTATE A WAKF REGISTERED WITH THE ASSAM BOARD OF WAKF REP. BY ITS MUTAWALLI SYED COLLEGE ROAD ANOWARPUR

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BHANGAGARH P.S. BHANGAGARH P.O. DISPUR GHY-5 DIST- KAMRUP METRO ASSAM VERSUS SRI BIPIN DEY and 3 ORS S/O LT. JANJU DEY R/O SILIGURI NORTH BENGAL PIN-734004 2:MD. ARIFUR RAHMAN S/O A. RAHMAN R/O RANGIA MAUZA- PANDURI DIST- KAMRUP ASSAM PRESENTLY R/O SRIMANTAPUR H/NO.3 BESIDE L.P. SCHOOL BHANGAGARH GHY-32 DIST- KAMRUP METRO ASSAM 3:MD. ABDUL MATLIB S/O AZAD ALI R/O BAIHATA CHARIALI MOUZA- SILASENDURI GHOPA PIN-781381 DIST- KAMRUP ASSAM 4:RAJENDRA KUMAR KALITA S/O LT. CHANA RAM KALITA R/O PURNAKAMDEV MOMITOLA PIN-781350 DIST- NALBARI ASSAM -----------Advocate for : MR.S DAS Advocate for : appearing for SRI BIPIN DEY and 3 ORS

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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03.02.2023

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Heard Mr. A. Das, learned counsel for the applicant.

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The present application is filed under Order 1 Rule 10 (2) of the CPC, 1908 for impleadment of opposite party Nos. 5, 7 and 9 as respondent Nos. 5, 6 and 7 in CRP No. 221/2016.

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Pursuant to order dated 02.11.2022, the applicant has taken steps for issuance of notice upon the said respondents sought to be impleaded through paper publication and also filed an affidavit annexing the copy of the original newspaper which was published on 10.12.2022.

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This Court under its order dated 23.01.2023, accepted such service. In spite of such notice, none appears today when the matter was called for.

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It is seen from the record that the opposite party Nos. 5, 7 and 9 were parties to the original suit and they are necessary for determination of the present civil revision petition. Accordingly the present Interlocutory Application is allowed.

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Accordingly, the opposite party Nos. 5, 7 and 9 are be impleaded as respondent Nos. 5, 6 and 7, in CRP/221/2016.

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Registry to correct the cause title of the present civil revision petition.

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JUDGE

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Comparing Assistant

Anowaruddin Wakf Estate v. Sri Bipin Dey and 3 Ors.

Case brief

What is this about?

What did the court decide?

Anowaruddin Wakf Estate v. Sri Bipin Dey and 3 Ors.

Case brief

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What did the court decide?

What the court decided

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