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2025 DAILYLAW 15877 (GAU)

MD TAYAB ALI v. ON THE DEATH OF NAIMUDDIN HIS LEGAL HEIRS

I.A.(Civil)/2221/2025 · 2025-07-29

Robin Phukan

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Judgment text

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Page No.# 1/6 GAHC010153522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2221/2025 MD TAYAB ALI ASSAM 2: ON THE DEATH OF MD ISAB ALI ALIAS YUSUP ALI HIS LEGAL HEIRS 2.1: JAHIRUL HOQUE (SON) RESIDENT OF VILLAGE UCHITA PO GOLAKGANJ DIST DHUBRI ASSAM 783334 2.2: NAZRUL HOQUE (SON) RESIDENT OF VILLAGE UCHITA PO GOLAKGANJ DIST DHUBRI ASSAM 783334 2.3: MUNNI BIBI (DAUGHTER) RESIDENT OF VILLAGE UCHITA PO GOLAKGANJ DIST DHUBRI ASSAM 783334 3: MD. AYUB ALI 4: MD. AZAD ALI Page No.# 2/6 5: MD. FAZAR ALI. ALL ARE SONS OF LATE PIARU SHEIKH RESIDENTS OF VILLAGE- DHARMASALA PART-IV P.O. and P.S. DHUBRI ASSAM. 6: ON THE DEATH OF MOZAD ALI HIS LEGAL HEIRS. 6.1: SMTI SAKINA BEWA RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSAM 6.2: SMTI MOROMI KHATUN RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSAM 6.3: SMTI SABINA YASHMIN RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSAM 6.4: SHRI ABU BAKKER SIDDIQUE TO BE REP. BY PET. NO. 6.1 RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSAM 7: SMTI MOHILA BIBI RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSAM 8: SMTI AHLIMA BIBI RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSAM 9: SMTI MOINA BIBI RESIDENT OF VILLAGE DHARMASALA PART IV PO AND PS DHUBRI ASSA VERSUS ON THE DEATH OF NAIMUDDIN HIS LEGAL HEIRS ASSAM 1.1:ON THE DEATH OF NAIMUDDIN HIS LEGAL HEIRS SRI BABUR ALI Page No.# 3/6 1.2:SRI TOSER ALI 2.1:ON THE DEATH OF HEPA SK. HIS LEGAL HEIRS SRI ABDUL AZIZ 2.2:SRI SALAM SK. 2.3:SRI ALAMAT SK. 2.4:SRI ALI HUSSAIN SK 2.5:SRI ABUL SK 2.6:SRI SHAHALOM 2.7:SRI MAHOLOM 2.8:SMTI AKLIMA 2.9:SMTI AIMONA 2.10:SMTI. CHAMPA 3:SRI AYNAL HOQUE 4:SRI ABDUL HOWUE 5:SRI SOHAR ALI 6:SRI MOKSED ALI 7:SRI MONIRUDDIN Page No.# 4/6 8:SRI JEARUDDIN 9:SRI NOBAB ALI 10:SRI AMSAR ALI 11.1:ON THE DEATH OF JABBAR ALI HIS LEGAL HEIRS SRI MOJIBUR RAHMAN 11.2:SRI MOHAMMAD ALI 11.3:SRI ZAKIR ALI 11.4:SRI MOINUL HOQUE 11.5:SRI NASIR ALI 11.6:SRI MUSTAKIM ALI 11.7:SRI AMINUR RAHMAN 11.8:SRI SHAHENURKHATUM 11.9:SMTI SHAHIDA KHATUN 11.10:SMTI. JORINA KHATUN 12.1:ON THE DEATH OF BHUDU SK HIS LEGAL HEIRS SRI NABAB ALI 12.1.2:SRI WASKORONI 12.1.3:SMTI KESHBHAB BEWA Page No.# 5/6 12.1.4:SMTI NAZIRAN KHATUN 12.1.5:SMTI DEBRI KHATUN 12.1.6:SMTI FATI KHATUN 12.2:SRI AYUB ALI 12.3:SRI SAIYAD ALI. ALL ARE RESIDENTS OF VILLAGE- DHAMASALA PART-IV P.O.- DHAMASALA P.S.- DHUBRI DISTRICT- DHUBRI ASSAM Advocate for the Petitioner : BANDANA HAZARIKA, MS. R CHOUDHURY Advocate for the Respondent : , MS M KALITA,MR G P BHOWMIK BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 30.07 .2025 Heard Ms. R. Choudhury, learned counsel for the applicants and also heard Ms. R. Kar, learned counsel for the respondents. This interlocutory application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908 is preferred by the applicants for impleadment of appellant Nos.6—9 in the connected RSA No.63/2016. Ms. Choudhury, learned counsel for the applicants submits that due to inadvertent names of some of the appellants, whose names figured in the judgment and decree dated Page No.# 6/6 30.06.2015 have been left out in the RSA No.63/2016 and as such, they are required to be impleaded as appellant Nos.6—9 in the RSA No.63/2016 and therefore, it is contended to allow the application. Ms. Kar, learned counsel for the respondents submits that she has no objection. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances projected in the application, the same stands allowed. Accordingly, the applicant Nos.6—9 are impleaded as appellant Nos.6—9 in the RSA No.63/2016. In terms of above, this I.A. stands disposed of. Ms. Choudhury, learned counsel for the applicants shall file amended cause title of the appeal within a period of one week from today. Comparing Assistant Sd/- Robin Phukan JUDGE