On the Death of Eshahaque Ali His Legal Heirs Namely Shorhab Ali Ahmed and 11 Ors. v. on the Death of Monser Ali His Legal Heirs and Ors.

Gauhati HC3 Aug 2025I.A.(Civil)/2446/2025

Case brief

AI extract

What is this about?

Gauhati High Court; Parthivjyoti Saikia, J.; I.A.(Civil)/2446/2025; order dated 04.08.2025; stay of judgment and decree; Title Appeal No.28/2022; Title Suit No.215/2009; Civil Judge (Sr. Div.) Barpeta; Munsiff No.1 Barpeta; regular second appeal admitted for hearing; stay till disposal of connected appeal; legal heirs of late Eshahaque Ali v. legal heirs of late Monser Ali; Barpeta, Assam; applicants' counsel G. Bjaradwaj; respondents' counsel A C Sarma.

What did the court decide?

Stay of the Judgment and Decree dated 04.03.2025 passed by the learned Civil Judge (Sr. Div.), Barpeta in Title Appeal No.28/2022 till disposal of the connected regular second appeal. ¶¶38

On the Death of Eshahaque Ali His Legal Heirs Namely Shorhab Ali Ahmed and 11 Ors. Vs on the Death of Monser Ali His Legal Heirs and Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010121952025

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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)/2446/2025

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ON THE DEATH OF ESHAHAQUE ALI HIS LEGAL HEIRS NAMELY SHORHAB ALI AHMED AND 11 ORS DIST. BARPETA

2: SHORBESH ALI

DIST. BARPETA

3: JAMIR ALI

DIST. BARPETA

4: SHARIFUL ISLAM DIST. BARPETA

5: MAMTAZ BEGUM

DIST. BARPETA

6: HASHEDA KHATUN

DIST. BARPETA

7: MAJEDA KHATOON DIST. BARPETA

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8: ASHIA KHATOON DIST. BARPETA

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9: RUSNARA BEGUM

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DIST. BARPETA

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10: FIROJA KHATOON

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Page No.# 2/5

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DIST. BARPETA

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11: KHODEJA KHATOON DIST. BARPETA 12: SAFATON NESSA NO.1 TO 4 ARE SONS NO. 5 IS WIFE NO. 6 TO 12 ARE DAUGHTERS OF LATE ESHAHAQUE ALI ALL ARE R/O VILL. CHIDUNI MOUZA JANIA P.S. BAGHBAR DIST. BARPETA ASSAM PIN 781308 VERSUS ON THE DEATH OF MONSER ALI HIS LEGAL HEIRS AND ORS NAMELY 2:MONOWARA KHATUN DIST. BARPETA 3:MOYNAL HAQUE DIST. BARPETA 4:FUL KHATUN NO.1(A) IS DAUGHTER NO. 1(B) IS SON AND 1(C) IS WIFE OF LATE MONSER ALI ALL ARE R/O VILL. CHIDUNI MOUZA JANIA P.S. BAGHBAR DIST. BARPETA ASSAM PIN 781308 5:SOFIYA KHATUN DIST. BARPETA 6:ALI AKABBAR MIAH DIST. BARPETA 7:RIYAZUDDIN DIST. BARPETA 8:MAYNUL HAQUE DIST. BARPETA 9:SAMSUL HAQUE

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DIST. BARPETA 10:AKBAR ALI DIST. BARPETA 11:NAYAN ALI DIST. BARPETA 12:JAKIR HUSSAIN DIST. BARPETA 13:NAYAN BHANU BIDHABA NO. 2 IS DAUGHTER NO. 3 TO 9 ARE SONS AND NO. 10 IS WIFE OF LATE SIKANDAR ALI

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14:HABIBAR RAHMAN S/O LATE MIYARUDDIN 15:JABBAR ALI S/O HABIBAR RAHMAN 16:BEHUWA KHATUN W/O HUTU MIA 17:BHANU BIBI D/O MAGRAM ALI 18:MANIJAN NESSA W/O LATE ABDUL GAFUR 19:HAMID ALI S/O KIKANDAR ALI 20:FAZAL HAQUE S/O KIKANDAR ALI 21:SABURJAN NESSA W/O KIKANDAR ALI NOS. 2 TO 18 ALL ARE R/O VILL. CIDHUNI MOUZA JANIA P.S .BAGHBAR DIST. BARPETA ASSAM PIN 781308

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22:KUSUM ALI

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S/O LATE ABED ALI R/O VILL. CHAOLKHOWARPAR P.S. MUKALMUA DIST. NALBARI ASSAM PIN 781126 23:IDRISH ALI S/O MAGRAM ALI ALL ARE R/O VILL. CHIDUNI MOUZA JANIA P.S. BAGHBAR DIST. BARPETA ASSAM PIN 781308 -----------Advocate for : MR. A C SARMA Advocate for : appearing for ON THE DEATH OF MONSER ALI HIS LEGAL HEIRS AND ORS

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 04.08.2025

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1. Heard Mr. G. Bjaradwaj, learned counsel for the applicants.

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2. This application has been filed praying for stay in the Judgment and Decree dated 04.03.2025, passed by the learned Civil Judge (Sr. Div.), Barpeta in Title Appeal No.28/2022 arising out of the Judgment and Decree dated 28.03.2022, passed by the Learned Munsiff No.1, Barpeta in Title suit No.215/2009.

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3. Since the regular second Appeal is admitted for hearing, the prayer made by the applicant is allowed.

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4. The Judgment and Decree dated 04.03.2025, passed by the learned Civil Judge (Sr. Div.), Barpeta in Title Appeal No.28/2022 arising out of the Judgment and Decree dated 28.03.2022, passed by the Learned Munsiff No.1, Barpeta in Title suit No.215/2009 shall remain stayed till disposal of the connected Appeal.

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5. The I.A. stands disposed of.

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JUDGE

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Comparing Assistant

On the Death of Eshahaque Ali His Legal Heirs Namely Shorhab Ali Ahmed and 11 Ors. v. on the Death of Monser Ali His Legal Heirs and Ors.

Case brief

What is this about?

What did the court decide?

On the Death of Eshahaque Ali His Legal Heirs Namely Shorhab Ali Ahmed and 11 Ors. v. on the Death of Monser Ali His Legal Heirs and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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