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2025 DAILYLAW 31916 (JHR)

SHABINA TARIQUE REZA v. KANIZA KHATOON

C.R./37/2023 · 2025-07-16

Pradeep Kumar Srivastava

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Judgment text

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2025:JHHC:19372 Page | 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Revision No.37 of 2023 Shabina Tarique Reza aged about 39 years Daughter of Late Mohammad Almuddin, Wife of Md. Tarique Reza, resident of Ward No.14, Chandmari Mohalla, P.O. and P.S. Deoghar, District Deoghar. … Petitioner Versus 1. Kaniza Khatoon Wife of Late Mohammad Samsul; 2. Md. Samim son of Late Mohammad Halim; 3. Mohammad Nashim son of Late Mohammad Halim; 4. Mohammad Parwej son of Late Mohammad Halim; 5. Mohammad Jamil son of Late Mohammad Halim; 6. Mohammad Rabbani son of Late Mohammad Halim; 7. Sarbari Begum D/o Late Mohammad Halim; 8. Gazala Parwen D/o Late Mohammad Halim; 9. Anguri Parwin D/o Late Mohammad Halim; All resident of Mohalla Panhaiyakola, P.O. Madhupur, Sub Division Madhupur, P.S. Madhupur, District Deoghar. 10. Mohammad Yakub son of Not known, resident of Hatan Road, Asansol, P.O. and P.S. Asansol, District Burdwan, West Bengal. 11. Mohammad Jamil son of Late Jahur Quawal, resident of Huti Bwar, P.O. and P.S. Giridih, District Giridih. 12. Manan Khatoon Wife of Mohammad Sagir Alam, resident of Chalmoh, P.S. Dumri, P.O. Ishri, District Giridih. 13. Chunni Khatoon Wife of Mohammad Salim, resident of Digwadih, P.O. and P.S. Digwadih, District Dhanbad. 14. Tunni Khatoon @ Abada Khatoon wife of Md. Munna, resident of Mohalla Panhaiyakola, P.O. Madhupur, Sub Division Madhupur, P.S. Madhupur, District Deoghar. 15. Baby Khatoon wife of Mohammad Khuraid Alam, resident of Gari Road, Barakar, P.O. and P.S. Barakar, District Burdwan, West Bengal. 16. Guria Khatoon wife of Mohammad Jainul, resident of Mohalla Koria Colony, P.O. Koriya, P.S. Koriya, District Sarbujja, Madhya Pradesh. 17. Mohammad Musa son of Not Known, resident of Shyam Bazar, P.O. and P.S. Sijuwa, District Dhanbad. 18. Jamila Khatoon wife of Late Mohammad Nigar, resident of Near Afrina Hotel, Circular Road, P.O. and P.S. Kolkata, District Kolkata, West Bengal. 19. Mohammad Mobin Son of Late Mohammad Sarif Hazi Sahab, resident of Nicha Dharu, P.O. and P.S. Kulti, District Burdwan, West Bengal. 20.a. Md. Azad – Son of late Md. Salim 20.b. Israt Begam – Wife of late Md. Naushad 20.c. Md. Saddam – Son of late Md. Naushad 20.d. Jasmin Praveen – Daughter of late Md. Naushad 20.e. Guria Praveen – Daughter of late Md. Naushad 20.f. Md. Navab – Son of late Md. Salim 2025:JHHC:19372 Page | 2 All resident of Mohalla – Panhaiyakola, P.O. – Madhupur, District – Deoghar. … Opp. Parties Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Vishal Kumar Tiwary, Adv. For the O.P. No.14 : Md. Razaullah Ansari, Adv. Order No.09/Dated- 16.07.2025 1. Heard learned counsel for the petitioner as well as learned counsel for the opposite party No.14. 2. It appears that opposite party Nos.1, 4 and 8 have been reported to be died, in respect of, opposite party Nos.2, 3 and 9, notices have been received by family member, in respect of, opposite party Nos.5 and 6, notices have been received by wife, in respect of, opposite party Nos.7 and 20(a) to 20(f), notices have been received by self, in respect of, opposite party Nos.10, 12, 13, 15, 16, 17 and 19, noticee have been reported to be not found, in respect of, opposite party No.11, notice has been reported to be refused, in respect of, opposite party No.18, notice has been reported to be not proper address, in respect of, opposite party No.14, Vakalatnama has been filed. 3. I.A. No.12634 of 2024 which has been filed for substitution of legal heirs of opposite party Nos.1, 4, 8, 10, 12, 17 and 18 is also pending. 4. It is submitted by learned counsel for the petitioner at the very outset that present civil revision has been filed against the order of dismissed for default of Title Appeal No.12 of 2007 passed by learned Court of Additional District Judge-II, Deoghar vide order dated 29.06.2015. 5. There is delay in filing this civil revision of 2478 days but as per provision of Order XLI Rule 19 of the Code of Civil Procedure, 1908 which provides; 'Re-admission of appeal dismissed for default', an application for restoration of Title Appeal to its 2025:JHHC:19372 Page | 3 original number has to be filed by the appellant instead of filing this civil revision before this Hon'ble Court. 6. It appears that admission of this revision and any exercise for passing any order would be futile exercise and against the law. 7. Learned counsel for the petitioner seeks permission to withdraw this civil revision to file appropriate application before the concerned Court. 8. No objection has been raised on the aforesaid plea of the petitioner by the learned counsel for the opposite party No.14. 9. Therefore, permission as sought for, is allowed. 10. Accordingly, this civil revision is disposed of with permission to take recourse before the proper forum with proper application. 11. Pending I.As. also stand disposed of. (Pradeep Kumar Srivastava, J.) Sachin