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2025 DAILYLAW 6840 (GAU)

MUSSTT ANJURA BEGUM AND 3 ORS. v. MUSSTT RASIDA BEGUM AND 8 ORS.

I.A.(Civil)/1069/2025 · 2025-05-27

Devashis Baruah

body2025

Judgment text

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Page No.# 1/4 GAHC010211902024 2025:GAU-AS:6895 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3443/2024 ANJUARA BEGUM AND ORS W/O LATE KHAMIR (SAMIR) ALI, R/O PYOLI PHUKAN NAGAR,P.O. BAMUNIMAIDAN, PS. CHANDMARI, GUWAHATI, DISTRICT KAMRUP METRO, ASSAM 2: BEGUM ROUSHAN ARA SULTANA W/O LATE KHAMIR (SAMIR) ALI R/O PYOLI PHUKAN NAGAR P.O. BAMUNIMAIDAN PS. CHANDMARI GUWAHATI DISTRICT KAMRUP METRO ASSAM 3: MD ZIAUR RAHMAN S/O LATE KHAMIR (SAMIR) ALI R/O PYOLI PHUKAN NAGAR P.O. BAMUNIMAIDAN PS. CHANDMARI GUWAHATI DISTRICT KAMRUP METRO ASSAM 4: MD ZAKIR RAHMAN S/O LATE KHAMIR (SAMIR) ALI R/O PYOLI PHUKAN NAGAR P.O. BAMUNIMAIDAN PS. CHANDMARI GUWAHATI DISTRICT KAMRUP METRO ASSA VERSUS Page No.# 2/4 MUSTT. RASIDA BEGUM and ORS LEGAL HEIRS OF LATE ABDUL ALI, R/O VILLAGE MALIBARI, PS. BAIHATI CHARIALI, DISTRICT KAMRUP, ASSAM 2:MUSSTT RASBANA BEGUM LEGAL HEIRS OF LATE ABDUL ALI R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 3:MD MAIJID ALI LEGAL HEIRS OF LATE ABDUL ALI R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 4:MD AZID ALI LEGAL HEIRS OF LATE ABDUL ALI R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 5:MD HASIN ALI LEGAL HEIRS OF LATE ABDUL ALI R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 6:MD RASTUL ALI LEGAL HEIRS OF LATE ABDUL ALI R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 7:MD BULBUL ALI LEGAL HEIRS OF LATE ABDUL ALI Page No.# 3/4 R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 8:MD ABBAS ALI LEGAL HEIRS OF LATE ABDUL ALI R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSAM 9:AZIZUR RAHMAN CHOUDHURY S/O LATE HAMIDULLAH CHOUDHURY R/O VILLAGE MALIBARI PS. BAIHATI CHARIALI DISTRICT KAMRUP ASSA For the Applicant(s) : Ms. B.R.A. Sultana, Advocate For the Respondent(s) : Mr. H.K. Deka, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 28.05.2025 The 3 (three) applications are taken up together for disposal by this common order. 2. I.A. (Civil)/3443/2024 is an application for condoning the delay of 852 days in filing the application for setting aside the abatement on account of the death of the sole appellant; I.A. (Civil)/3442/2024 is an application for substitution of the legal representatives of the sole appellant and I.A.(Civil)/1069/2025 is an application for setting aside the Page No.# 4/4 abatement in so far as the sole appellant is concerned. 3. The learned counsel appearing on behalf of the respondents to the instant applications submitted that he has no objection in the condonation of the delay, setting aside of the abatement as well as the substitution of the applicants as appellants to the accompanying appeal. 4. Taking into account the above, all the 3 (three) applications stands allowed. 5. Accordingly, this Court substitutes the sole appellant with the applicants in I.A. (Civil)/3442/2024 and are arrayed as appellant Nos. 1.1, 1.2, 1.3 and 1.4 in the accompanying appeal. 6. The learned counsel appearing on behalf of the appellants is directed to file a fresh memo of parties before the Registry of this Court within 7 (seven) days and the Registry on the basis of the instant order shall make necessary correction in the cause title as well as update the same in the CIS. JUDGE Comparing Assistant