Gauhati High Court
Manjur Ali @ Manjur Alam And 6 Ors vs Iftikar Ahmed And Anr on 12 December, 2018
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010273962018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP 190/2018
1:MANJUR ALI @ MANJUR ALAM AND 6 ORS.
HEIRS OF LATE NUR ALOM AND R/O DAMRA, P.O. DAMRA
P.S. DUDHNOI, DIST. GOALPARA, ASSAM
2: MD. FARUK AHMED
HEIRS OF LATE NUR ALOM AND R/O DAMRA
P.O. DAMRA
P.S. DUDHNOI
DIST. GOALPARA
ASSAM
3: MD. ASHFAQUE AHMED
HEIRS OF LATE NUR ALOM AND R/O DAMRA
P.O. DAMRA
P.S. DUDHNOI
DIST. GOALPARA
ASSAM
4: ARJU ALAM
HEIRS OF LATE NUR ALOM AND R/O DAMRA
P.O. DAMRA
P.S. DUDHNOI
DIST. GOALPARA
ASSAM
5: ESKE ALAM
HEIRS OF LATE NUR ALOM AND R/O DAMRA
P.O. DAMRA
P.S. DUDHNOI
DIST. GOALPARA
ASSAM
6: RABIA KHATUN
HEIRS OF LATE NUR ALOM AND R/O DAMRA
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P.O. DAMRA
P.S. DUDHNOI
DIST. GOALPARA
ASSAM
7: NAKEMA SULTANA
HEIRS OF LATE NUR ALOM AND R/O DAMRA
P.O. DAMRA
P.S. DUDHNOI
DIST. GOALPARA
ASSA
VERSUS
1:IFTIKAR AHMED AND ANR.
S/O LATE KHAIRUDDIN AHMED
R/O SWARAJ ROAD,
GOALPARA TOWN,
P.O., P.S. AND DIST. GOALPARA, ASSAM
2:MUSSTT. MAMUDA BEGUM
W/O LATE ABDUL BAREK
R/O KUMARPATTY ROAD
(PANCHALI)
P.O.
P.S. AND DIST. DIBRUGARH
ASSA
Advocate for the Petitioner : MR. B D DEKA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
12.12.2018 Heard Mr. B. D. Deka, the learned counsel appearing on behalf of the petitioners.
The present petitioners are tenants and the respondents are the co-sharers of the tenanted premises. The said co-sharers demanded rent from the tenant petitioners following which the petitioners filed an interpleader suit, with a prayer to adjudge the actual landlord Page No.# 3/3 for depositing the rent in the Court. One of the co-sharers/defendants therein the interpleader suit filed a counter claim which was decreed by the Court below.
A revision application was preferred in this Court which was withdrawn on granting the leave to the petitioners to raise the issue of maintainability of the counter claim in an interpleader suit in an appeal to be filed under Section 96 of the CPC. The decree in the counterclaim of the Court below dates back to 19.09.2014. While granting the leave by this Court it was directed to prefer the appeal along with a delay condonation petition. The said condonation petition was rejected vide order dated 17.09.2018, resulting the dismissal of the Title Appeal No.14/2016. Both the dismissal orders were passed in Misc. (J) Case No.48/2016 arising out of Title Appeal No.14/2016 in the Court of the learned Civil Judge, Goalpara.
In the meantime, the respondents had already preferred Title Execution No.04/2015 and as per the contention of the learned counsel for the petitioners the said execution proceeding is fixed tomorrow.
Keeping in view the issue involved in this revision application, let notice be issued to the respondents.
The petitioners shall take steps on the respondents both by way of Registered post with A/D and usual process within 3(three) days from today returnable on 25.02.2019.
Till the next date, status quo with respect to the possession of the tenanted premises be maintained by the parties to this revision application.
List this matter on 25.02.2019.
JUDGE Comparing Assistant