Md. Abdul Matlib Saikia v. Md. Iftiquer Hussain and 6 Ors

ORDER

26.06.2024 None appears for the applicant on call whereas Shri A. Sattar, learned counsel is present for the respondents.

¶2There has been continuous default on the part of the applicant in this case. In fact, this Court on the last occasion i.e. 07.06.2024 had made an observation that appropriate orders would be passed in case of further non-appearance.

¶3For ready reference, the said order is extracted hereinbelow- " 07.06.2024 None appears for the appellant on call whereas Shri G. Imtiyaz, learned counsel is present for the respondent no. 1. Page No.# 3/3 Even on the last occasion i.e. 26.04.2024, none was present of the appellant. In the interest of justice, a final opportunity is granted to the appellant directing listing of this case on 14.06.2024. This Court however makes it clear that in case of further non-representation, appropriate orders would be passed."

¶4That apart, Shri Sattar, learned counsel has submitted that the appeal also stands abated from the year 2018 on the death of the appellant.

¶5In view of the aforesaid facts and circumstances, the present application is dismissed for non-prosecution. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010013652019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/351/2019o in Test.Cas./3/2005 MD.oABDULoMATLIBoSAIKIAo S/O-oLATEoKASHIMoALIo R/O-oNEARBYoDEVADARUoBYEoLANE,oRAJDHANIoMASJID,oDISPUR,o GUWAHATI-o6. VERSUSo MD.oIFTIQUERoHUSSAINoANDo6oORSo S/O-oMD.oRAHMATULLAHo R/O-oF.A.oROAD,oINFRONToOFoBARMASHJID,oMACHKHOWA,oGUWAHATI-9. 2:MD.oJAMIRUDDIN oS/O-oLATEoMANIRUDDINo R/O-oF.A.oROAD oNEARoSTATFEDoKUMARPARA oGUWAHATI-9. 3:MD.oBASIRUDDIN oS/O-oLATEoMANIRUDDINo R/O-oF.A.oROAD oNEARoSTATFEDoKUMARPARA oGUWAHATI-9. 4:MD.oSALEMUDDIN oS/O-oLATEoMANIRUDDINo R/O-oF.A.oROAD oNEARoSTATFEDoKUMARPARA oGUWAHATI-9. 5:MD.oNASIRUDDIN Page No.# 2/3 S/O- LATE MANIRUDDIN R/O- F.A. ROAD NEAR STATFED KUMARPARA GUWAHATI-9. 6:MAHAMMAD HUSSAIN S/O- MD. ABDUL RAZAK R/O- F.A. ROAD NEAR STATFED KUMARPARA GUWAHATI-9. 7:LAKHMAN HUSSAIN S/O- MD. ABDUL RAZAK R/O- F.A. ROAD NEAR STATFED KUMARPARA GUWAHATI-9 Advocate for the Petitioner : MR. SHEELADITYA Advocate for the Respondent : MR Z MUKIT BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI