Nurul Islam Sk and 2 Ors, v. On the Death of Abdul Khaleque His Legal Heirs Abdus Sukur Ali Ahmed and Ors,

JUDGMENT & ORDER (ORAL)

20.06.2024

This is an appeal filed under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (for short, the Code) challenging the judgment dated

08.09.2015 passed in Title Appeal No.30/2012 whereby the learned First Appellate Court i.e. the Court of the learned Civil Judge, Dhubri having found that the learned Trial Court had not correctly framed many of the vital issues and framed additional issues and in view of the fact that additional issues were Page No.# 3/4 framed it may require adducing of fresh evidences, remanded the suit back to the learned Trial Court thereby directing the parties to appear on 12.10.2015.

¶2This Court has duly perused the judgment dated 08.09.2015 and perusal of the said judgment and also the pleadings exchanged between the parties is of the opinion that the impugned order by which the suit was remanded on the ground that the vital issues having not been framed does not call for any interference. More so, taking into account that the additional issues which have been framed do not touch upon the issues which were framed by the learned Trial Court.

¶3Considering the above, this Court dismisses the instant appeal.

¶4The parties, who are duly represented before this Court are directed to appear before the learned Trial Court i.e. the Court of the learned Munsiff No.1, Dhubri on 24.07.2024.

¶5The learned Munsiff No.1.Dhubri shall decide the said suit being Title Suit No.79/2005 in terms with the directions so passed by the learned First Appellate Court dated 08.09.2015.

¶6Mr. D Nandi, the learned counsel appearing on behalf of the appellants submits that taking into account that the suit land being at Mankachar, the Court of the learned Munsiff at Hatsingimari shall have the jurisdiction to decide the said suit.

¶7The said aspect of the matter may be duly brought to the attention of the learned Munsiff No.1 Dhubri who shall be at liberty to pass appropriate order(s).

¶8It has also been brought to the notice of this Court that the Appellate No.2 had expired in the meantime. The appellants would be at liberty to file appropriate application before the learned Trial Court, if so advised. Page No.# 4/4

¶9The Registry shall forthwith return the LCR to the learned Trial Court i.e. the Court of the learned Munsiff No.1, Dhubri, so that on the next date fixed by this Court, the records are made available before the Court below. In that regard, the Registry may also employ the services of a special messenger.

¶10With the above, the instant appeal stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010121532016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oSAO/10/2016o NURULoISLAMoSKoando2oORS,o S/OoLT.oGOGANoBEPARI 2:oMUSSTT.oSURUTONoBEWA oW/O.oLT.oDINERUDDINoSK 3:oMUSSTT.oMONOWARAoKHATUN oW/O.oLT.oABDURoRAHMAN.oALLoOFoVILLAGE-oBHIMPARA oP.O.oHATSINGINARI oP.S.oSOUTHoSALMARA oDISTRICT-oDHUBRI oASSAM oPIN-78313o VERSUSo ONoTHEoDEATHoOFoABDULoKHALEQUEoHISoLEGALoHEIRSoABDUSoSUKURo ALIoAHMEDoandoORS,o VILL-CHATIAPAR,oRAVATARI,o(MATIFATAoNEARoSARJOMONIoBAZAR,o FAKIRGANJ),oDIST.oDHUBRI 2:MUSSTT.oNURBHANUoKHATUN o 3:MUSSTT.oJAHANARAoKHATUN o 4:SRIoABDULoKALAMoAZAD o 5:MUSSTT.oKHALIDAZIA. oNO.o1oWIFE o2oando3oSONS o3 Page No.# 2/4 4 and 6 DAUGHTERS AND ALL ARE RESIDENT OF VILLAGE- CHATIAPAR RAVATARI MATIFATA NEAR SARJOMONI BAZAR FAKIRAGANJ DISTRICT- DHUBRI ASSAM PIN-783137. 6:MD. SAYED HUSSAIN S/O. LT. MAHMUD ALI VILLAGE- FULERCHAR P.O. FULERCHAR P.S. SOUTH SALMARA DISTRICT- DHUBRI ASSAM PIN- 78313 Advocate for the appellants : Mr. D Nandi Advocate for the respondents : Mr. A Mobaraque for respondent Nos.1 to 5 B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH