Dismissed¶71

Md. Ishahaque Ali v. Md. Khairul Islam and 33 Ors.

Gauhati HC1 May 2025I.A./752/2016

Case brief

AI extract

What is this about?

Gauhati High Court order dated 02.05.2025 by Justice Devashis Baruah in I.A./752/2016 (Md. Ishahaque Ali v. Md. Khairul Islam and 33 others): condonation-of-delay application dismissed as abated following the applicant's death and the legal representatives' disinterest; accompanying second appeal held barred by limitation and not entertained. Neutral citation: 2025:GAU-AS:5441.

What did the court decide?

The instant application seeking condonation of delay is dismissed as the same had abated, the applicant having expired around six months back and his legal representatives not being interested to pursue the accompanying appeal. ¶71

Md. Ishahaque Ali Vs Md. Khairul Islam and 33 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/5

GAHC010169062016

2025:GAU-AS:5441

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A./752/2016

¶6

MD. ISHAHAQUE ALI

¶7

SON OF LATE TARIPULLAH, RESIDENT OF VILLAGE- BAGARIGURI, P.O. JURIA, DISTRICT. NAGAON, ASSAM, PIN-782124

¶8

VERSUS

¶9

MD. KHAIRUL ISLAM and 33 ORS.

2:MD. NAZRUL ISLAM

3:MD. MAQIBUR ISLAM

4:MD. MOJIBUR ISLAM

ALL ARE SONS OF MD. ABDUL SADAR

¶14

5:MD. NIZU ALIAS NIZAM UDDIN

6:MD. FAZLUL HAQUE

7:MD. HAZRAT

8:MD. KERAMAT ALI

ALL ARE SONS OF LATE ABDUL JALIL

9:MD. NURU

Page No.# 2/5

10:MD. SIRAJ

11:MD. SAFIR

12:MD. RUFUL

13:MD. RAFIQUL

14:MD. SAFIQUL

15:MD. SARIDUL

ALL ARE SONS OF LATE ABDUL KADIR

16:ATABUR RAHMAN

17:ASADUR RAHMAN

18:KAMRUN NEHAR

ALL ARE SONS AND DAUGHTER OF LATE ISHRAFIL

19:MD. JALIL

20:MD. BURHAN UDDIN

21:MD. TUFAJUL

ALL ARE SONS OF LATE ISMAIL SEIKH

22:MD. BASU SEIKH

23:MD. ISAB ALI

24:MD. MAINUL SEIKH

ALL ARE SONS OF LATE YAKUB ALI

¶40

25:MD. SURHAB ALI

¶41

SON OF LATE SOMIN ALIAS MOMIN ALI ALL ARE RESIDENTS OF

¶42

Page No.# 3/5

¶43

VILLAGE- BAGARIGURI P.O. JURIA DISTRICT. NAGAON ASSAM PIN-782124

¶44

26:MD. MUBARAK FARAJI

¶45

27:MD. MUSUN FARAJI BOTH ARE SONS OF LATE SAHAR ALI MUNSHI

¶46

28:MD. HAZARAT ALI

¶47

29:MD. ASAR ALI BOTH ARE SONS OF RASUL SEIKH 30:MD. KALU 31:MD. ALAM

¶48

32:MD. ABDUL ALL ARE SONS OF LATE ABDUL RAHIM

¶49

33:MD. BADIN UDDIN SON OF LATE GARIB ULLAH ALL ARE RESIDENTS OF VILLAGE. BAGARIGURI P.O. JURIA DISTRICT. NAGAON ASSAM PIN- 782124 34:BAGARIGURI MASJID REPRESENTED BY ITS PRESIDENT VILLAGE. BAGARIGURI P.O. JURIA DISTRICT. NAGAON ASSAM PIN- 78212

¶50

Advocate for the Petitioner : MR.K M HALOI, MR.A K DEKA

¶51

Advocate for the Respondent : MS.S KHAN, MS.L N CHOUDHURY,MD.M H CHOUDHURY

Page No.# 4/5

Linked Case :

MD ISHAHAQUE ALI

2: SOLEMAN KHAN

S/O JAHUR KHAN PROP. OF M/S. DHUBRI RIVER TRANSPORT CORPORATION R/O NO.3 BALUR CHAR DHUBRI TOWN PO. DHUBRI DIST. DHUBRI ASSAM. VERSUS

¶57

MD KHAIRUL ISLAM and 33 ORS

¶58

2:THE DY. COMMISSIONER DHUBRI PO. DHUBRI DIST. DHUBRI ASSAM

¶59

3:THE EXECUTIVE OFFICER

¶60

INCHARGE CATTLE TRANSPORT PERMISSION AFFAIRS C/O DY. COMMISSIONER DHUBRI PO/DIST. DHUBRI ASSAM

¶61

4:THE EXECUTIVE OFFICER

¶62

DHUBRI MUNICIPAL BOARD PO/DIST. DHUBRI ASSAM ------------

¶63

Page No.# 5/5

¶64

Advocate for the petitioner(s): Mr. KM Haloi

¶65

Advocate for the respondent(s):

¶66

B E F O R E

¶67

HON’BLE MR. JUSTICE DEVASHIS BARUAH

¶68

ORDER

¶69

02.05.2025

¶70

Mr. KM Haloi, the learned counsel appearing on behalf of the applicant submits that the applicant herein had expired around 6(six) months back and he could come to learn from his daughter, but the applicant’s legal representatives are not interested to pursue the accompanying appeal.

¶71

Considering the above the instant application filed seeking condonation of delay is dismissed as the same had abated.

¶72

As the application for condonation of delay has been dismissed, the accompanying second appeal so filed cannot be entertained as it is barred by limitation.

¶73

JUDGE

¶74

Comparing Assistant

Md. Ishahaque Ali v. Md. Khairul Islam and 33 Ors.

Case brief

What is this about?

What did the court decide?

Md. Ishahaque Ali v. Md. Khairul Islam and 33 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sankar Das Vs the State of Assam and Ors.

Ayesha Khatun Vs Abu Bakkar Siddique

Ayesha Khatun and Anr. Vs Abu Bakkar Siddique

Ismail Hussain @ Putu and 2 Ors. Vs on the Death of Momowar Hussaon the Death of Momowar Hussain, His Legal Heirs Mahnaj Monowar and an

Ismail Hussain @ Putu and 2 Ors. Vs on the Death of Monowar Hussain His Legal Heirs Mahnaj Monowar and Anr.

Sri Dinesh Prasad Dubey and Ors. Vs Sri Dindayal Agarwal