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2025 DAILYLAW 101951 (PAT)

Shahid Hassain and Ors v. Faima Khatoon and Ors

C.Misc./969/2017 · 2025-11-18

S B P Singh

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.969 of 2017 ====================================================== 1. Shahid Hassain S/o Late Sayed Mustafa 2. Bibi Mahmuna, Wife of Late Sayed Mohammad. 3. Ansari Begum, daughter of late Sayed Mustafa. 4. Israt Begum, daughter of Late Sayed Mustfa. 5. Raushan Begum, daughter of late Sayed Mustafa. 6. Najni Begum, daughter of late Sayed Mustafa, All R/o Village Chandpur, P.O.- Trimunan, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s Versus 1. Faima Khatoon daughter of Sayed Zafar Hussain. 2. Md. Nausad Khan, Son of Abbas Khan. 3.1. Sayed Raja Hussain Son of Late Sayed Zafar Hussain, Resident of Village- Chandpur, P.O.- Trimunan, P.S.- Kahalgaon, District- Bhagalpur. 3.2. Sayed Shahnawaz Hussain Sonof Late Sayed Zafar Hussain, Resident of Village- Chandpur, P.O.- Trimunan, P.S.- Kahalgaon, District- Bhagalpur. 3.3. Bilkis Khatoon D/o Late Sayed Zafar Hussain, W/o Md. Khurshid Alam, R/o Village- Maheshmunda, P.S.- Kahalgaon, District- Bhagalpur. 3.4. Soni Khatoon D/o Late Sayed Zafar Hussain, W/o Md. Istiyak Khan, R/o Village- Choka Fatehpur, P.S.- Sabour, District- Bhagalpur. 4. Md. Nausad Khan, Son of Late Abbas Khan, All resident of Village- Chandpur, P.O.- Trimunan, P.S.- Kahalgaon, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Gupta, Advocate For the Respondent/s : Mr.Anuj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 8 30-01-2024 On 21.12.2023, the following order was passed:- “No jointness affidavit has been filed in terms of order dated 23.11.2023 of this Court. 02. Learned counsel appearing on behalf of the petitioners seeks further Patna High Court C.Misc. No.969 of 2017(8) dt.30-01-2024 2/2 time for compliance of the order dated 23.11.2023. 03. As prayed, further time of four weeks is granted to the learned counsel for the petitioners to file the affidavit of jointness with regard to jointness of respondent nos. 3.1 and 3.2 with their mother. 04. List this case on 30.01.2024. 05. However, it is made clear that if the order dated 23.11.2023 is not complied with the stipulated period, the petition would be dismissed.” 2. Office has reported that the jointness affidavit has not been filed. 3. Hence, for non-compliance of order dated 21.12.2023, the petition stands dismissed. DKS/- (Arun Kumar Jha, J) U