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2025 DIGILAW 32 (JHR)

Atique Khan @ Afique Khan v. Khatimun Nissa

2025-01-06

ANUBHA RAWAT CHOUDHARY

body2025
JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. I.A. No. 13753 of 2024 with I.A. No. 13850 of 2024 1. Learned counsel for the respondent has submitted that I.A. No. 13850 of 2024 has been filed under Order XXII Rule 10A of CPC intimating this Court about the death of the sole respondent who died on 19.07.2024. Along with the said interlocutory application, Vakalatnama of the legal heirs and successors of the sole respondent has already been filed which also contains the details of their parentage and address etc. along with the Vakalatnama as follows: - “(i) Md. Safi Ahmad Khan, aged about 59 years, son of Wali Mohammad Khan, resident of House No. 987, Mohammadan Line No.2, Sakchi, Kalimali, P.O. Sakchi, P.S. Sakchi, District East Singhbhum at Jharkhand. (ii) Jamshad Khan, aged about 45 years, son of Vali Md. Khan, resident of 987, Mohammadan Line, Sakchi, Bistupur, P.O. Sakchi, P.S. Sakchi, District East Singhbum, Jharkhand. (iii) Quammar Jahan, aged about 64 years, wife of Faiaz Khan, resident of House No. 20/A Cross Road No.7 Bagan Shahi Azadnagar, Mango, Near Shahi Masjid, Azadnagar, P.O. Mango, P.S. Mango, Jharkhand. District East Singhbhum, (iv) Shamina Khannam, aged about 37 years, daughter of Wali Mohammad Khan, House No. 987, Line No. 02, Mohammadan Line, Sakchi, Bistupur, P.O. Bistupur, P.S. Sakchi, District East Singhbhum, Jharkhand. (v) Kaisar Jahan, aged about 36 years, wife of Kayam Khan, resident of 2 No. Sultanpur, Haora Corporation, Jagacha, P.O. Haora, P.S. Haora, District Haora, West Bengal.” 2. The learned counsel for the appellant has submitted that I.A. No. 13753 of 2024 has been filed seeking substitution of the sole respondent giving the details of the legal heirs and successors in paragraph 3 thereof. However, there is slight mismatch in connection with the description of the legal heirs and successors. 3. The learned counsel prays for and is allowed to carry out the necessary correction in I.A. No. 13753 of 2024 with respect to the details of the legal heirs and successors of the sole respondent, so that it matches with the information which has been furnished through I.A. No. 13850 of 2024 attaching the list of the legal heirs and successors along with their Vakaltnama. 4. The necessary corrections in I.A. No. 13753 of 2024 be undertaken by the appellant in red ink during the course of the day. 5. 4. The necessary corrections in I.A. No. 13753 of 2024 be undertaken by the appellant in red ink during the course of the day. 5. Learned counsel for the respondent has no serious objection, so far as the substitution of the sole respondent is concerned. 6. Accordingly, I.A. No. 13753 of 2024 is disposed of in terms of the prayer made therein. I.A. No. 13850 of 2024 is also disposed of. 7. Learned counsel for the appellant is directed to carry out the necessary insertions in the memo of appeal in red ink during the course of the day. S.A. No. 307 of 2018 8. This Court finds that this appeal has been admitted vide order dated 10.11.2022 after framing the substantial question of law for consideration in this second appeal. However, the records have not been called for from the concerned court. 9. Office is directed call for the connected records from the trial court as well as the appellate court. 10. Post this case on 04.03.2025 under appropriate heading. 11. Let a copy of this order be communicated to the concerned courts through ‘FAX’.