Mohd Alauddin Ahmed v. Syed Mizanur Rahman and 2 Ors

ORDER Date : 05.04.2024

¶1This Court vide an order dated 05.04.2024 rejected the application for condonation of delay being I.A.(Civil) No.31/2024; application for setting aside the abatement against the Respondent No.2 [I.A.(Civil) No.33/2024] as well as for application seeking substitution of the legal representatives of the Respondent No.2 [I.A.(Civil) No.32/2024]. Consequently, the instant appeal therefore abates against the Respondent No.2.

¶2This Court further finds it relevant to take note of that on 09.06.2023, the learned counsel for the appellant duly informed this Court that the Respondent No.3 had also expired. Pursuant thereto, no steps was taken. Therefore, the instant appeal also abates against the Respondent No.3.

¶3At this stage, this Court finds it very pertinent to take note of that the Respondent Nos. 2 and 3 jointly executed a Deed of Sale in favour of the Respondent No.1. The right to pre-emption was sought against the Respondent Nos. 2 and 3 and sans any interference with the First Appellate decree which had now become final, insofar as the Respondent Nos. 2 and 3 and the said decree being an inseverable decree, nothing survives in the instant proceedings to be adjudicated.

¶4Therefore, the decree which has been passed by the learned First Appellate Page No.# 3/3 Court had attained finality. The abatement of the instant appeal so far as the Respondent Nos. 2 and 3 therefore renders the entire appeal infructuous for which the instant appeal stands dismissed.

¶5The Registry shall forthwith return the LCR (if any) to the Court below.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010204682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oRSA/173/2018 MOHDoALAUDDINoAHMED S/OoLATEoSAHARoALIo R/OoSAHAN oCOLEGEoROADo POoANDoPSoRANGIAo KAMRUPoRoASSAM oVERSUS SYEDoMIZANURoRAHMANoando2oORS S/OoLATEoKHALILURoRAHMANo R/OoRANGIAoWARDoNO.o3o RANGIAoTOWN oPSoRANGIAo DISToKAMRUPoASSAMo PINo781354 2:MOHD.oISAHAQUEoALI S/OoLATEoSAHARoALIo R/OoSAHAN oCOLEGEoROADo POoANDoPSoRANGIAo KAMRUPoRoASSAMo 781354 o3:SAHABUDDINoAHMED S/OoLATEoSAHARoALIo R/OoWARDoNO.o3 oRANGIAoTOWNoCOLLEGEoGATEo PSoRANGIAoPINo781354o DISToKAMRUPoASSAM o------------ Page No.# 2/3 For the Appellant(s) : Ms. Z. Mukit, Advocate For the Respondent(s) : Mr. P. Das, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH