Dismissed¶42

Roshan Ara @ Bibi Roshan Ara and Ors. v. Mohamad Ahasan @ Hasan and Ors.

Patna HC20 Feb 2025C.Misc./1500/2017

Case brief

AI extract

What is this about?

Procedural dismissal of a Patna High Court civil miscellaneous petition (C.Misc. No.1500 of 2017, order dated 20-02-2025) for non-compliance with a peremptory order dated 09.12.2024: requisites of notice upon the respondents were not filed within the four-week period fixed by the earlier order, which had warned that default would entail dismissal. Parties from Purnea, Katihar, Araria and West Dinajpur. Keywords: peremptory order, requisites of notice, registered cover with A/D, non-compliance, dismissal for default, procedural order.

What did the court decide?

For non-compliance of the peremptory order dated 09.12.2024 (the Office having reported that the requisites of notice upon the respondents were not filed), the present petition stands dismissed. ¶42

Roshan Ara @ Bibi Roshan Ara and Ors. Vs Mohamad Ahasan @ Hasan and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1500 of 2017

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======================================================

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Roshan Ara @ Bibi Roshan Ara Daughter of late Usman Miyan and Late Jamila Khatoon @ Jammo Wife of Md. Muslim , Resident of VillageBhandsar, P.S. Bhawanipur, District- Purnea.

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Md. Moin Son of late Md. Usman Miyan and late Jamila Khatoon @ Jammo Resident of Village- Naya tola, Purnea City, P.O.- Purnea City, P.S. Sadar, District- Purnea.

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Hamida Khatoon wife of Md. Mustaque

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Md. Sanaullah Son of Md. Mustaque

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Md. Raji Ahmad Son of Md. Mustaque

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Saquloin Mustaque @ Md. Saklain Son of Md. Mustaque (The Minor of late Md. Mustaque Impleaded through his next frind and natural gua

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Nagma Praveen daughter of Md. Mustaque

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Neha Praveen D/o Md. Mustaque

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Nahiad Praveen D/o Md. Mustaque Sl No. 3 to 9 legal heirs of late Jamila Khatoon @ Jammo All residents of Village- Chhoti Maszid, Line Bzar, Purnea, P.S. K.Hat, Distt. Purnea.

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Zahida Khatoon D/o late Budhan Miyan and Late Majidan @ Manjo Wife of Sk. Himayu, Resident of Village and Post- Morsanda, P.S. Falka, DistrictKatihar.

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... ... Petitioner/s

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Versus

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Mohamad Ahasan @ Hasan S/o late Rahmat Muiyan by cast Muslim , Occupation- Cultivation and Retired Govt. Servant , resident of Purnea City, Lal Bagh, P.S. Sadar, Distt. Purnea.

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Md. Nasim Son of late Majid

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Md. Tanveer Son of late Md. Madjid

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Shakina Khatoon Daughter of late Majid wife of Md. Anjum

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Mahmuna Khatoon D/o late Md. Majid, Wife of Md. Haidar

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Niepi Khatoon Daughter of late Md. Majid All Residents of -Naka Chouck, Purnea City, P.S. Sadar, Distt. Purnea.

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Shakila Khatoon D/o late Md. Majid, Wife of Md. Akram, Resident of Village- Islampur, P.S. Islampur, Distt West DinajpurW.B.

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Ful Bano Khatoon D/o late Md. Majid , Wife of Md. Rauf Resident of

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Patna High Court C.Misc. No.1500 of 2017(3) dt.20-02-2025 2/3

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Village- Jagdishpur Semapur, P.S. Semapur, Distt- Katihar.

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Neelu Khatoon D/o late Md. Majid, W/o Md. Rinku Resident of Lallu Tola, Forbesganj, P.S Forbesganj, Distt- Araria.

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Shohaib Hasan @ Aonu S/o late Md. Shamim 1.

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Taslim Kaishar @ Moni D/o late Md. Shamim 2.

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Tahsin Kaiser @ Gholu D/o late Md. Shamim 3.

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Taskin Kaiser @ Chchoti D/o late Md. Shamim 4.

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Faisal Khan @ Rahul S/o late Md. Shamim All Residents of Purnea City Lal 5. Bagh, P.S. Sadar, District- Purnea

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar Singh, Advocate For the Respondent/s : Mrs.Smita Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 20-02-2025 On 09.12.2024, the following order was passed:-

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“Heard learned counsel for

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the petitioners.

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Issue notice to the respondents by both modes i.e., under registered cover with A/D as well as ordinary process for which requisites etc. must be filed within four weeks, failing which the petition will be dismissed.”

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