Page No.# 1/5 GAHC010308892019 2025:GAU-AS:2539 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/2516/2018 MD. ABDUL GAFUR S/O- LATE MAHAMMAD ALI R/O- VILL.- HAIDOBI MOUZA- BATADARBA DIST.- NAGAON ASSAM VERSUS AFIA KHATUN AND 12 ORS W/O- LATE NURUL ISLAM 2:AZIZUL HAQUE S/O- LATE NURUL ISLAM 3:AZHARAUDDIN S/O- LATE NURUL ISLAM 4:ALIZA KHATUN D/O- LATE NURUL ISLAM 5:ON THE DEATH OF ABU TAHER HIS LEGAL HEIRS R/O- VILL- HAIDOBI P.O.- KADAMONI MOUZA- BATADARBA DIST.- NAGAON PIN- 782122 5.1:HASANARA BEGUM W/O- ABU TAHER Page No.# 2/5 5.2:MISS ANJUMA KHATUN D/O- ABU TAHER 5.3:MISS SULTANA KHATUN D/O- ABU TAHER 5.4:MISS SABIQUN KHATUN D/O- ABU TAHER 5.5:MD. SHAHIDUL HOQUE S/O- ABU TAHER 5.6:MD. AKRAM HUSSAIN S/O- ABU TAHER ALL ARE RESIDENTS OF VILL.- HAIDOBI P.O.- KADAMONI MOUZA- BATADARBA DIST.- NAGAON PIN- 782122 6:MARIUM NESSA D/O- LATE ABDUL MOZID R/O- VILL.- HAIDOBI P.O.- KADAMONI MOUZA- BATADARBA DIST.- NAGAON PIN- 782122 7:MALIKA KAHTUN D/O- LATE ABDUL MOZID R/O- VILL.- HAIDOBI P.O.- KADAMONI MOUZA- BATADARBA DIST.- NAGAON PIN- 782122 8:JOSNARA BEGUM D/O- LATE ABDUL MOZID R/O- VILL.- HAIDOBI P.O.- KADAMONI MOUZA- BATADARBA DIST.- NAGAON PIN- 782122 ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. R J BORDOLOI appearing for AFIA KHATUN AND 12 ORS Page No.# 3/5 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.03.2025 Learned counsel Mr. R.Goswami is present for the applicant and learned counsel Mr. M.Boro is present for the respondent/opposite party Nos. 1, 2, 3, 4, 6, 7 and 8. This application under Order XXII Rule 2 of the Code of Civil Procedure, 1908 has been filed by the applicant for substitution of legal heirs of Respondent No. 5, Abu Taher. It is submitted on behalf of the applicant that a Title Suit was brought against the predecessor of the respondent respondents/opposite parties being Title Suit No.32/2000 claiming right, title and interest of possession over Schedule –A land described in the plaint. The suit was decreed in favour of the plaintiffs by Judgment and Decree dated 10.04.2008 passed by the learned Civil Judge (Senior Division), Nagaon. The defendant Nos. 1 and 2 contested the suit and preferred a first appeal before the learned District Judge which was registered as Title Appeal No.2/2008 which was dismissed on 07.05.2014. The defendant Nos. 1 and 2 than preferred RSA No.43/2016 before this court which was also dismissed on 18.07.2016. Then the plaintiff/ present respondents initiated title execution being Title Execution Case No. 15/2014, pending in the court of learned Civil Judge, Nagaon. When the Civil Nazir went for execution of the decree then the applicant (defendant No.4 (a)) learnt about the Judgment and Decree in connection with Title Suit No. 32/2000 for the first time. The Page No.# 4/5 applicant was thus, totally unaware of the Title Suit No.32/2000 as he did not receive any notice regarding the suit. When the applicant inquired through the Advocate about the Title Suit No. 32/2000, with the help of Advocate of Nagaon court, then he learnt that the suit proceeded ex-parte against him. The applicant was taken aback as he never received any notice. The applicant immediately filed application before the Civil Judge under Order XXI Rule 97/98 of the Code of Civil Procedure r/w Section 151 of the CPC for stay of the execution proceeding. This application was registered as M.J.Case No. 41/2017 vide order dated 28.08.2017, the petition was rejected and the next date was fixed on 18.09.2017 for objection on the main petition. The applicant has earnestly submitted that he is the bonafide purchaser of the suit land. He never received any notice. The applicant then preferred a revision petition before this Court which was registered as CRP (I/O) 313/2017 which was dismissed by observing that “Ms. R.Choudhury, Learned Advocate appearing for the petitioner submits that she has got positive instructions not to press this Revision Petition. Accordingly, the Revision Petition is dismissed as not pressed.” It is further submitted by the applicant that CRP No.313/2017 was withdrawn without the consent of the applicant by the engaged counsel Ms. R.Choudhury. The applicant then tried to contact her several times. This Court vide order dated 24.01.2018 dismissed the Misc. Case No.165/2017 granting liberty to the applicant and then the applicant filed the present revision petition being CRP ( I/O) 56/2018. It has further been submitted that respondent No.5 Abu Taher had expired on 13.05.2016 and as per order dated 02.04.2018 passed in the connected CRP ( I/O) 56/2018, this Court had directed the applicant to substitute the legal heirs of respondent No. 5. The legal heirs of Page No.# 5/5 respondent No., 5 are Hasanara Begum, Anjuma Khatun, Sultana Khatun, Sabiqun Khatun, Md. Shahidul Hoque and Md. Akram Hussain and as they are necessary parties, the applicant has prayed for substitution of their names. The learned counsel for the opposite party has no objection. Considering the submissions, the prayer for substitution of legal heirs of respondent No. 5 is hereby allowed. In terms of the above observations, the interlocutory application stands allowed. JUDGE Comparing Assistant