Abdul Kader Paramanik v. On the Death of Abdul Rashid Akand, His Legal Heirs Jahila Khatun and 9 Ors

ORDER

20.08.2024

Heard Mr. A. Ikbal, learned counsel for the petitioner. Also heard Mr. M. Ahmed, learned counsel appearing for all the respondents.

¶2Service accordingly stands completed in view of the learned counsel appearing for all the respondents.

¶3By the instant application under Article 227 of the Constitution of India, the petitioner has challenged the Order dated 09.05.2024 whereby the petitioner who is the defendant in the suit i.e. Title Suit No. 88/2011 pending before the Court of Civil Judge(I Division) No. 1, Barpeta had been precluded from filing the defendant witnesses.

¶4Pertinent that this Court by Order dated 26.06.2024 directed the petitioner to submit his evidence on affidavit on 10.07.2024 before the Trial Court and was further pleased to observe that the acceptance of such evidence would be subject to such order that may be passed by this Court.

¶5Today, when the matter is called for hearing, it is submitted at the bar that the defendants have filed their evidence on 10.07.2024 in terms of this Court's Order dated 26.06.2024 before the Trial Court.

¶6Considering that the defendants have filed their evidence as directed by this Court, and since there is no objection from the other side to the same, this Court is of the considered view that the Civil Revision Petition can be disposed of with a direction to the Trial Court to proceed thereafter in accordance with law. Page No.# 4/4

¶7Resultantly, the interim stay of further proceedings granted by this Court by earlier Order dated 26.06.2024 stands vacated.

¶8Needless to clarify that the Trial Court on the next date fixed shall give the plaintiff the opportunity to cross examine the defendant witnesses in accordance with law.

¶9Considering that the Suit is pertaining to the year 2011, it would be desirable that the Trial Court concludes the trial at the earliest.

¶10Accordingly, the Civil Revision Petition stands disposed of.

¶11In view of the above, the next date for hearing for the suit is fixed on

03.09.2024 before the Trial Court for appearance of the parties.

¶12Registry to intimate the order of this Court to the Registry of the Trial Court.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010121812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/207/2024o ABDULoKADERoPARAMANIKo S/O-oLATEoISMAILoPARAMANIK,oR/O-oVILL.-oNICHUKA,oMOUZA-oD.C.o BOUSHI,oDIST.oBARPETA,oASSAM VERSUSo ONoTHEoDEATHoOFoABDULoRASHIDoAKAND,oHISoLEGALoHEIRSoJAHILAo KHATUNoANDo9oORSo W/O-oLATEoABDULoRASHIDoAKAND,oR/O-oVILL.-oKHAIRABARI,oMOUZA-o GOBARDHANA,oDIST.oBARPETA,oASSAM 2:MALIKAoKHATUN oD/O-oLATEoABDULoRASHIDoAKAND oR/O-oVILL.-oKHAIRABARI oMOUZA-oGOBARDHANA oDIST.oBARPETA oASSAM 3:JALIUDDINoAKAND oS/O-oLATEoABDULoRASHIDoAKAND oR/O-oVILL.-oKHAIRABARI oMOUZA-oGOBARDHANA oDIST.oBARPETA oASSAM 4:JAHURUDDINoAKAND oS/O-oLATEoABDULoRASHIDoAKAND oR/O-oVILL.-oKHAIRABARI oMOUZA-oGOBARDHANA oDIST.oBARPETA oASSAM Page No.# 2/4 5:BULBUL AKAND (MINOR) S/O- LATE ABDUL RASHID AKAND R/O- VILL.- KHAIRABARI MOUZA- GOBARDHANA DIST. BARPETA ASSAM 6:RAHUL AKAND (MINOR) S/O- LATE ABDUL RASHID AKAND R/O- VILL.- KHAIRABARI MOUZA- GOBARDHANA DIST. BARPETA ASSAM 7:ABDUL SAMAD AKAND S/O- LATE ABDUL KARIM AKAND R/O- VILL.- KHAIRABARI MOUZA- GOBARDHANA DIST. BARPETA ASSAM 8:AZAD ALI AKAND S/O- LATE ABDUL KARIM AKAND R/O- VILL.- KHAIRABARI MOUZA- GOBARDHANA DIST. BARPETA ASSAM 9:NOWSHAD ALI AKAND S/O- LATE ABDUL KARIM AKAND R/O- VILL.- KHAIRABARI MOUZA- GOBARDHANA DIST. BARPETA ASSAM 10:PANCHAB ALI AKAND S/O- LATE ABDUL KARIM AKAND R/O- VILL.- KHAIRABARI MOUZA- GOBARDHANA DIST. BARPETA ASSA Advocate for the Petitioner : MR. R BARUAH, MR. A IKBAL,MS. J SARMA,MS S SIDDIQUA Advocate for the Respondent : MR M AHMED, A. K. KANU,MR. A HUSSAIN Page No.# 3/4 B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI