Disposed

Asmina Khatun and 4 Ors. v. Sahed Ali and Ors.

Gauhati HC12 Jun 2023I.A.(Civil)/271/2023

Case brief

AI extract

What is this about?

An Indian Family and Inheritance case where the Hon'ble Gauhati High Court, upon hearing an application, substituted the name of a deceased legal heir respondent with her named legal heirs and successors after noting their non-appearance.

What did the court decide?

Substitution of the name of the respondent No.2 by the proforma respondent Nos. 2(a), 2(b), 2(c) and 2(d) in the cause title.

Asmina Khatun and 4 Ors. Vs Sahed Ali and Ors. — Gauhati HC (2023) — LawSathi Research

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GAHC010015832023

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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)/271/2023

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ASMINA KHATUN AND 4 ORS. W/O MD. KAMALUDDIN AND D/O LATE URMAT ALI, R/O VILL. KHUTIKATIA, MOUZA KASAMARI, DISTRICT NAGAON, ASSAM

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2: MUSTT. MOINA KHATUN

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W/O MD. AMARDUL AND D/O LATE URMAT ALI R/O VILL. LAHORIGHAT MOUZA AND P.S. LAHORIGHAT DISTRICT MORIGAON PIN 782127 ASSAM

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3: MUSTT. HASINA KHATUN W/O MD. MUJIBUR AND D/O LATE URMAT ALI R/O VILL. HAHCHARAGAON MOUZA AND P.S. MOIRABARI DIST. MORIGAON ASSAM PIN 782126.

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4: MUSTT. FATEMA KHATUN W/O MD. KALAUDDIN AND D/O LATE URMAT ALI R/O VILL.NELLIE P.O. AND P.S. NELLIE DIST. MORIGAON ASSAM.

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5: MUSTT. BANZIA KHATUN

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W/O MD. JAHUR ALI AND D/O LATE URMAT ALI R/O VILLAGE HAHCHARAGAON MOUZA MORIBARI DIST. MORIGAON

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ASSAM PIN 782126

VERSUS

SAHED ALI AND ORS.

S/O LATE RUSMAT ALI, R/O VILLAGE HAHCHARAGAON, MOUZA MORIBARI, DIST. MORIGAON, ASSAM, PIN 782126.

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2:ON THE DEATH OF MUSTT. KAMALA KHATUN

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HER LEGAL HEIRS AND SUCCESSORS NAMELY

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2.1:ABDUL MALAK

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S/O LATE ABDUL KHALAK R/O VILLAGE BORTHOL KASARIGAON MOUZA AND P.S. MORIBARI WARD NO. 5 DIST. MORIGAON ASSAM PIN 782126.

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2.2:AMINA KHATUN W/O ABDUL GONI R/O VILLAGE TARAMARI P.O. DHING WARD NO. 1 DIST. NAGAON ASSAM PIN 782123.

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2.3:TUSNARA BEGUM

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W/O ABDUL KALAM R/O VILLAGE NOSIBORI MOUZA AND P.S. MOIRABARI DIST. MORIGAON ASSAM PIN 782126.

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2.4:ABU BAKKAR SIDDIK

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S/O ALTE ABDUL KHALAK R/O VILLAGE BORTHOL KASARIGAON P.O. MOIRABARI WARD NO.5 DIST. MORIGAON ASSAM

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Page No.# 3/4

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PIN 782126.

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3:MUSTT. ALEKJAN D/O LATE SARAFAT ALI R/O VILLAGE HAHCHARAGAON P.O. HAHCHARAGAON MOUZA AND P.S. MORIBARI DIST. MORIGAON ASSAM PIN 782126. 4:MD. KALAMJAN D/O LATE SARAFAT ALI R/O VILLAGE HAHCHARAGAON P.O. HAHCHARAGAON MOUZA AND P.S. MORIBARI DIST. MORIGAON ASSAM PIN 782126

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Advocate for the Petitioner : MR. A SATTAR

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Advocate for the Respondent : MR. A MATIN

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BEFORE

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HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 12-06-2023

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Heard Mr. Z. Mukit, learned counsel for the applicants. Also heard Ms. R. Choudhury, learned counsel for the respondent Nos. 1, 3 and 4.

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Office note dated 07.06.2023 reveals that the service reports in respect of proforma respondent Nos. 2(a), 2(b), 2(c) and 2(d) has been duly served, however, they have not appeared today.

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In this regard, the learned counsel for the respondent Nos. 1, 3, and 4 has

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raised no objections in the prayer for substituting the name of the respondent No.2 by her legal heirs and successors.

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With the above observations, the name of the respondent No.2 is being substituted by the proforma respondent Nos. 2(a), 2(b), 2(c) and 2(d).

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Registry is herby asked to do the needful by correcting the cause title of the memo of appeal.

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In terms of above, this I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Asmina Khatun and 4 Ors. v. Sahed Ali and Ors.

Case brief

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Asmina Khatun and 4 Ors. v. Sahed Ali and Ors.

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