Dismissed
Asgari Khanam And Ors. v. Md.Samsuzama And Ors.
Jharkhand HCWPC/4807/2010
Case brief
from the order text
What is this about?
HIGH COURT OF JHARKHAND, RANCHI W.P.(C) No.…
What the court decided
AI extract
HIGH COURT OF JHARKHAND, RANCHI W.P.(C) No.…
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IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(C) No. 4807 of 2010
1.Asgari Khanam, wife of late Md. Ashraf 2.Asif Khan 3.Afroz Khan @ Md. Afroz Khan 4.Arsad Khan Sl.No.2 to 4 all sons of late Md. Ashraf 5.Aliya Perveen 6.Rafiya Praveen 7.Shami Parwen Sl.No.5 to 7 all daughters of late Md. Ashraf All are residents of Beldar Mohalla, Doranda, PO & PSDoranda, District-Ranchi
….. Proposed Plaintiffs/Petitioners --Versus-1.Md. Samsuzama 2.Md. Badruzama 3.Md. Safizama 4.md. Rafizama
Sl.No.1 to 4 all sons of late Kamruzamma
Sl.No.1 to 4 All residents of Beldar Mohalla, Doranda, PO & PS-Doranda, District-Ranchi 5.Sahida Khatoon, wife of Md. Mukhtar and daughter of late Kamruzamma, resident of Garikhana, Paharitola, Ranchi, PO & PS-Sukhdeo Nagar, District-Ranchi 6.Tahira Khatoon, wife of Gazi Silli, and daughter of late Kamruzamma, resident of Friends Colony Near Bhathi (Rahmat Colony, Doranda, PO & PS-Doranda, DistrictRanchi
…. Defendants/ Respondents 7.Mubarak Hussain, son of late Mostt. Mukbulan, resident of Quarraisi Mohall, Near Amin Khan Coal Depo, Doranda, PO & PS-Doranda, District-Ranchi
......Proforma Defendant/Proforma Respondent
8.Md. Ismail, son of Sk. Hanif 9.Md. Nazmul, son of late Sk. Hanif 10.Md. Rizwan, son of late Sk. Hanif 11.Md. Enamul @ Pappu, son of late Sk. Hanif 12.Md. Akram, son of late Sk. Hanif 13.Abda Khatoon, wife of Md. Siddique and daughter of late Sk. Hanif 14.Rabia Khatoon, wife of Md. Kamru and daughter of late Sk. Hanif 15.Sabiya Khatoon, daughter of late Sk. Hanif All re residents of Beldar Mohalla, Doranda, PO and PS-Doranda, District-Ranchi 16.Md. Asgar, son of late Md. Siddique 17.Md. Afsar, son of late Md. Siddique 18.Md. Athar, son of late Md. Siddique 19.Gulnaj Begam daughter of late Md. Siddique 20.Baby Naj, daughter of late Md. Siddique 21.Nafissa Begam, daughter of late Md. Siddique
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Sl.No.8 to 21 All are residents of Beldar Mohalla, Doranda, PO and PS-Doranda, District-Ranchi 22.Asia Khatoon,widow of late Md. Zabbar 23.Parwez Akhtar 24.Md. Zawed 25.Md. Firoj 26.Md. Ibrar Sl.No.23 to 26 all sons of late Md. Zabbar 27.Kausar Bano 28.Rausan Bano 29.Parween Bano 30.yasmin Bano 31.Shahin Bano Sl.No.27 to 31 all daughters of late Md. Zabbar Sl.No.22 to 31 all are residents of A-541, New Ashok Nabar, New Delhi 32.Md. Azam Khan @ Ehsan 33.Md. Amjan Khan @ Bholu 34.Md. Imteyaz Khan @ Tinku Sl.No.32 to 34 all sons of late Md. Khalique 35.Jeba Bano @ Chanda 36.Anirum Nisha @ Tara 37.Soni Parween @ Soni Sl.No.35 to 37 all daughters of late Md. Khalique Sl.No.32 to 37 all residents of Banglatanr, Ward No.12, Chakrdharpur, PO and PS-Chakradharpur, District Singhbhum West 38.Md. Aman Khan 39.Md.Samiulla 40.Md.Habib 41.Md. Kalim 42.Md. Sakil 43.Md. Equbal 44.Md. Chand Sl.No.38 to 44 all sons of late Wahid Khan and all sons of late Mosst.Hasrutun 45.Hasina Khatoon 46.Jhunia Khatoon 47.Samina Khatoon Sl.No.45 to 47 all daughters of late Hasratun Sl.No.38 to 47 all are residents of Hazaribagh Road, Lohrakocha, Tharpakna, PO and PS-Lalpur, DistrictRanchi 48.Md. Kayum 49.Md.Sayum 50.Md. Shaheb Sl.No.48 to 50 all sons of late Abdul Gafoor and late Most. Shahjadi 51.Bhanu Khan 52.Shoukat Khan 53.Taslim Khan 54.Haider Khan 55.Ekram Khan
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Sl.No.51 to 55 all sons of late Rozina, wife of Samun Khan 56.Tanuja Khatoon, daughter of late Rozina, wife of Samun Khan
57.Noor Jahan
58.Shakila Khatoon
59.Saira
Sl.No.57 to 59 all daughters of late Md. Gafoor and Most. Shahjadi and Sl.No.48 to 59 all are residents of Naddi Ground, Hindpiri, PO and PS-Hindpiri, DistrictRanchi 60.Md. Manzur, son of late Md. Nanhu and late Mostt. Nazmun
61.Akhtari
62.Shakila @ Munia
63.Shamima @ Tunia
Sl.no.61 to 63 all daughters of late Md. Nanhu and late most. Nazmun and sl.no.60 to 63 all are residents of Naddi Gound, Hindpiri, PO and PS-Hindpiri, District-Ranchi 64.Jaitoon, wife of Peer Mohammad and daughter of late Sk.Abdul, resident of Beldar Mohalla, PO and PS-Doranda, District-Ranchi
65.Hamida Khatoon, widow of late Rahman Khan and daughter of Sk. Abdul, resident of Azad Chowk, PO and PS-Argora, Harmu, Ranchi
66.Abida @ Fekni, widow of late Waliullah and daughter of Sk. Abdul, resident of Beldar Mohalla, PO and PSDoranda, District-Ranchi
……Plaintiffs/proforma Respondents.
CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR --For the Petitioners : Mr. Munna Kumar, Advocate For the Respondent : -----
4/ 18.04.2018 The petitioners are aggrieved of order dated
20.07.2010 by which their application under Order I Rule 10 CPC has been rejected.
was passed by a co-ordinate Bench of this Court no step for service of notice upon the respondents has been taken by the petitioners. There are as many as 66 respondents in the writ petition.
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declaration of plaintiffs’ right, title and interest in the suit property. The petitioner no.1 is wife of plaintiff no.28 and petitioner nos. 2 to 7 are other legal heirs and successors of plaintiff no.28. A perusal of the impugned order dated 20.07.2010 would disclose that plaintiff no.28 was deleted from the suit. He had died on 01.01.2006, but no application under Order XXII Rule 3(1) CPC was filed within time. An application for substitution was filed more than 3 years after the death of plaintiff no.28; the said application was dismissed by an order dated 09.11.2009. The petitioners have not claimed their independent right in the suit property.
vacated.
( Shree Chandrashekhar, J. ) SI/
Asgari Khanam, wife of late Md. Ashraf
Asgari Khanam
Md. Samsuzama
Shree Chandrashekhar
As recorded by the court registry
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