Page No.# 1/7 GAHC010184322023 2025:GAU-AS:2254 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/275/2023 NUR ISLAM AND 14 ORS SON OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA, P.O. - KATARIHARA, P.S. - LAKHIPUR DISTRICT - GOALPARA, ASSAM 2: ABUL HUSSAIN SON OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 3: SHORIFUL ISLAM SON OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 4: SAMSUL HOQUE SON OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA Page No.# 2/7 ASSAM 5: AYSHA KHATUN DAUGHTER OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 6: HANUFA KHATUN DAUGHTER OF SON OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 7: MOZIYA KHATUN DAUGHTER OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 8: JAHANARA KHATUN DAUGHTER OF LATE ABDUL BAREK RESIDENT OF VILLAGE-GHUGUDOBA P.O- RAJMITA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 9: SHOHIDA KHATUN DAUGHTER OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA Page No.# 3/7 P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 10: MONOWARA KHATUN DAUGHTER OF LATE ABDUL BAREK RESIDENT OF VILLAGE-JALESWAR BILL P.O. - JALESWAR P.S. -LAKHIPUR DISTRICT - GOALPARA ASSAM 11: SHAHANARA KHATUN DAUGHTER OF LATE ABDUL BAREK RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 12: DAYAL CHAN SON OF LATE NASIMUDDIN RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 13: ABU BAKKAR SK SON OF LT. NASIMUDDIN RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 14: AMENA KHATUN DAUGHTER OF LATE NASIMUDDIN RESIDENT OF VILLAGE-KHARUBAJ P.O- RAJMITA Page No.# 4/7 P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 15: ASATON NESSA DAUGHTER OF LATE NASIMUDDIN RESIDENT OF VILLAGE-BASHMURA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSA VERSUS MAYURI KHATUN @ MAYURI BIBI AND ORS. DAUGHTER OF LATE SOBATULLAH SHEIKH, W/O- LATE DILIP HOSEN MOLLAH RESIDENT OF VILLAGE-BHALUKMARI, HOUSENO. 62, P.O. - JOLESWAR, P.S. - LAKHIPUR, DISTRICT - GOALPARA, ASSAM, PIN- 783132 2:LEGAL HEIRS OF LATE BAHAR UDDIN AHMED NAMELY 2.1:RAJIFA KHATUN WIFE OF LATE BAHAR UDDIN AHMED 2.2:RAJ UDDIN AHMED SON OF LATE BAHAR UDDIN AHMED 2.3:ROSE AHMED SON OF LATE BAHAR UDDIN AHMED 2.4:BABY NAZNIA DAUGHTER OF LATE BAHAR UDDIN AHMED ALL ARE RESIDENT OF VILLAGE- KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR Page No.# 5/7 DISTRICT - GOALAPARA ASSAM 3:ABIDUR SHEIKH SON OF LATE NASIMUDDIN RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 4:KHURSHIDA BEGUM DAUGHTER OF LATE NASIMUDDIN RESIDENT OF VILLAGE-TARANGAPUR P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 5:MOCHIRAN NESSA DAUGHTER OF LATE NASIMUDDIN RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSA Advocate for the petitioner(s): Mr. J Ahmed Advocate for the respondent(s): X X B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 6/7 03.03.2025 Heard Mr. J Ahmed, the learned counsel appearing on behalf of the petitioners. 2. This is an application under Article 227 of the Constitution invoking the supervisory jurisdiction of this Court challenging the order dated 01.07.2023 passed in Misc.(J)Case No.91/2022 arising out of Title Suit No.21/2022 whereby the Court of the learned Civil Judge, Goalpara (hereinafter to be referred to as ‘the learned Trial Court’) had allowed the application filed by the plaintiffs/respondent No.1 herein under Order VI Rule 17 read with Sections 94 and 151 of the Code of Civil Procedure, 1908 (for short, the Code) for amendment of the plaint. 3. This Court had duly taken note of the application seeking amendment of the plaint wherein due reasons had been assigned as to why the amendment to the plaint was required. From a perusal of the said application, it transpires that the amendments so sought for were required for determining the real question in controversy amongst the parties. The learned Trial Court had duly taken note of the said aspect of the matter and allowed the said amendment application while exercising its discretion. 4. This Court is of the opinion that the said discretion so exercised by the learned Trial Court requires no interference. Accordingly, this Court does not find any merit in the instant application, for which, the instant revision petition stands dismissed. 5. This Court further takes note of that vide the order dated 01.09.2023 further proceedings of Title Suit No.21/2022 pending before the Court of the Page No.# 7/7 learned Civil Judge, Goalpara was stayed. 6. Taking into account that both the parties are duly represented, they are directed to appear before the learned Trial Court on 01.04.2025. This Court further observes and directs that in the event, till date the amended plaint had not been filed, the same be filed by the plaintiffs on 01.04.2025 without fail. 7. With the above, the instant revision petition stands disposed of. 8. Interim order passed earlier stands vacated. JUDGE Comparing Assistant