The Gauhati High Court accepted a compromise under Order 23 Rule 1 and 3 CPC filed in RSA No. 4/2013 and disposed of the suit and connected applications with a consequent decree.
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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GAHC010088862023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1112/2023
BULBUL RAHMAN and 6 ORS S/O KONMOINA @ IBRAHIM
S/O LATE NIYAMAT ALI R/O MORNOI GRAZING P.S.MOUZA BIHPURIA.
NO. 4 TO 6 ARE SONS OF ALIBUDDIN @ ALIUDDIN
D/O ALIUDDIN
ALL ARE RESIDENTS OF BIHPURIA TOWN P.S. and MOUZA-BIHPURIA DIST. LAKHIMPUR
VERSUS
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ON THE DEATH OF SYED TAFAJUL HUSSAIN HIS LEGAL HEIRS JUNU BEGUM and ORS
1.1:JUNU BEGUM @ NURJAHAN WIFE OF SYEDA TAFAJUL HUSSAIN R/O BIHPURIA TOWN WARD NO. 8 MOUZA P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784161.
1.2:SYED NIAJUL HUSSAIN
SON OF SYEDA TAFAJUL HUSSAIN R/O BIHPURIA TOWN WARD NO. 8 MOUZA P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784161. 1.3:SAYEDA ATIFA BEGUM DAUGHTER OF SYEDA TAFAJUL HUSSAIN R/O BIHPURIA TOWN WARD NO. 8 MOUZA P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784161. 1.4:SYEDA ARIFA BEGUM
DAUGHTER OF SYEDA TAFAJUL HUSSAIN R/O BIHPURIA TOWN WARD NO. 8 MOUZA P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 784161. 2:SYED IMDAD HUSSAIN
S/O LATE ESUF ALI.
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3:SYEDA ANOWARA KHATOON @ SULTANA
D/O ESUF ALI
4:SYED NAJRUL HUSSAIN
S/O LATE KHUDEJA KHATOON-MOTHER.
5:SYED HAIDAR HUSSAIN
S/O LATE KHUDEJA KHATOON-MOTHER ALL ARE RESIDENTS OF BIHPURIA TOWN WARD NO. 1 MOUZA and P.S. BIHPURIA DIST. LAKHIMPUR ASSAM
Advocate for the Petitioner : MS. K YADAV
Advocate for the Respondent : MR. J I BORBHUIYA
In
RSA/4/2013
BULBUL RAHMAN and 6 ORS S/O KONMOINA @ IBRAHIM
2: MD. BIRAJ RAHMAN @ BIRAJUR S/O MD. BULBUL RAHMAN R/O BIHPURIA TOWN P.S. and MOUZA BIHPURIA
3: MD. MARFAT ALI
S/O LATE NIYAMAT ALI R/O MORNOI GRAZING P.S.MOUZA BIHPURIA.
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6: MD. NURUL HUSSAIN
NO. 4 TO 6 ARE SONS OF ALIBUDDIN @ ALIUDDIN
7: MUSSTT. JASHNA BEGUM
D/O ALIUDDIN ALL ARE RESIDENTS OF BIHPURIA TOWN P.S. and MOUZA-BIHPURIA DIST. LAKHIMPUR. VERSUS
ON THE DEATH OF SYED TAFAJUL HUSSAIN HIS LEGAL HEIRS JUNU BEGUM WIFE and ORS
SAYED NIAJUL HUSSAIN SON SAYEDA ALIFA BEGUM DAU SAYEDA AKIFA BEGUM DAU
2:SYED IMDAD HUSSAIN
S/O LATE ESUF ALI.
3:SYEDA ANOWARA KHATOON @ SULTANA
D/O ESUF ALI
4:SYED NAJRUL HUSSAIN
S/O LATE KHUDEJA KHATOON-MOTHER. 5:SYED HAIDAR HUSSAIN
S/O LATE KHUDEJA KHATOON-MOTHER ALL ARE RESIDENTS OF BIHPURIA TOWN
WARD NO. 1 MOUZA and P.S. BIHPURIA DIST. LAKHIMPUR ASSAM.
-----------Advocate for : MR.R L YADAV
Advocate for : MR. J I BORBHUIYA appearing for ON THE DEATH OF SYED TAFAJUL HUSSAIN HIS LEGAL HEIRS JUNU BEGUM WIFE and ORS
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
10.05.2023
Heard Ms. K. Yadav, learned counsel appearing for the applicants. Also heard Mr. J.I. Borbhuiya, learned counsel appearing for the respondent.
This application has been filed under Order 23 Rule 1 and 3 of the Code of Civil Procedure stating that both sides of RSA No. 4/2013 have compromised the petition according to the terms mentioned in Paragraph 9 of this application. Accordingly, the compromise is accepted.
The RSA No. 4/2013 stands disposed of on compromise according to the terms contained in Paragraph 9 of the application in terms and conditions mentioned therein shall form a part of the decree
LCR be send back.
The said RSA along with all the connected applications as well as Title Suits are disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the compromise in Rule 3 Application No. 1112/2023 should be accepted and the suit disposed of.
2 provisions across 1 enactments
Bulbul Rahman and 6 Ors
Junu Begum and Ors
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
