Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 9561 (GAU)

ABDUL KHALIQUE AND 12 ORS. v. FAKAR UDDIN AND 3 ORS.

CRP(IO)/104/2025 · 2025-03-23

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010060192025 2025:GAU-AS:3263 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/104/2025 ABDUL KHALIQUE AND 12 ORS. S/O- LATE SAFAT ALI, R/O- VILL.- SEDRIKONA, P.S. TAILLABAZAR, WARD NO. 10, P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ), ASSAM 2: ON THE DEATH OF ABDUL KARIM HIS LEGAL HEIRS NEOWA BEGUM W/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 3: JABIR HUSSAIN S/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 4: KAMIL HUSSAIN S/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 5: SABINA BEGAM D/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 Page No.# 2/5 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 6: JAMIL HUSSAIN S/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 7: SAHINA BEGAM D/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 8: MD. ANGSHAR HUSSAIN S/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 9: MD. FAHIM HUSSAIN S/O- LATE ABDUL KARIM R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 10: ABDUL JALIL S/O- LATE SAFAT ALI R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 11: ABDUL RAHIM S/O- LATE SAFAT ALI R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 Page No.# 3/5 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 12: ABDUL MUKIT S/O- LATE SAFAT ALI R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM 13: KABIR AHMED S/O- LATE SAFAT ALI R/O- VILL.- SEDRIKONA P.S. TAILLABAZAR WARD NO. 10 P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSA VERSUS FAKAR UDDIN AND 3 ORS. S/O- LATE SOFOR ALI, R/O- VILL.- RANGAPANI, P.O. TILLABAZAR, P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ), ASSAM, PIN- 788710. 2:ABDUL MALIK S/O- MAKADDAS ALI R/O- VILL.- RANGAPANI P.O. TILLABAZAR P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM PIN- 788710. 3:ABDUL AHAD S/O- LATE ABUL HUSSAIN R/O- VILL.- RANGAPANI P.O. TILLABAZAR P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM PIN- 788710. 4:SAHID AHMED S/O- SAFIQUL HOQUE R/O- VILL.- RANGAPANI P.O. TILLABAZAR P.S. AND DIST. SRIBHUMI (EARLIER KARIMGANJ) ASSAM PIN- 788710 Page No.# 4/5 Advocate for the Petitioner : MR H R A CHOUDHURY, MS. R CHOUDHURY,MS. B. HAZARIKA,MD. MEMON AHMED Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.03.2025 Heard Ms. R. Choudhury, learned counsel for the petitioner. 2. In this petition, under Article 227 of the Constitution of India, read with Section 151 of Code of Civil Procedure, 1908, the petitioner has challenged the correctness of the order dated 30.01.2025, passed by the learned Civil Judge (Jr. Division), Sribhumi in T.S. No. 01/2017, by closing further cross-examination of P.W.1 and also the impugned order dated 28.02.2025, passed by the learned Civil Judge (Jr. Division), Sribhumi and the order dated 06.03.2025, passed by the learned Civil Judge (Jr. Division), Sribhumi whereby the petition filed by the petitioner for reopening the evidence of P.Ws was rejected. 3. The learned counsel for the petitioner also submits that the matter is listed tomorrow i.e. 25.03.2025, for judgment, and that the learned trial Court has dismissed the petition field by the petitioner for reopening the evidence of PWs and that the petitioner may be granted only one chance to adduce evidence and that the learned trial Court has also not allowed to file written argument by the petitioner and therefore, Ms. Choudhury, learned counsel for the petitioner contended to grant an opportunity to the petitioner to adduce evidence. 4. Having heard the submission of Ms. Choudhury, learned counsel for the petitioner, I have gone through the order dated 30.01.2025, 28.02.2025 and Page No.# 5/5 06.03.2025. 5. It appears from a bare perusal of the aforementioned orders that sufficient opportunities were afforded to the petitioner to adduce evidence. But the petitioner fails to avail the same. Further, it appears on the order dated 06.03.2025, that the plaintiffs/petitioners are granted liberty to submit their side of argument before pronouncing the judgment. And in that view of the matter, I find the submission of Ms. Choudhury bereft on merit. 6. Accordingly, this petition stands dismissed. JUDGE Comparing Assistant