Mainul Hoque and Anr v. Musstt Mulukjan Nessa and 5 Ors

ORDER

16.09.2024 Heard Mr. A. Mobaraque, learned counsel for the applicants and also heard Mr. M. Haloi, learned counsel for the respondent Nos.1—6.

¶2These interlocutory applications under Order XXIII Rule 3 of the Code of Civil Procedure are preferred by the applicants for allowing them to withdraw the connected RSAs pending before this Court, as per compromise between the parties and by treating the compromise agreement as part of the decree and to send down the records to the Page No.# 4/4 learned Courts below.

¶3Mr. Mobaraque, learned counsel for the applicants submits that the matters have been compromised between the parties and an agreement was also executed between the parties, which is annexed with these applications as Annexure-A and as such, Mr. Mobaraque submits that the applicants to the connected RSAs may be permitted to make the deed of compromise as part of the decree and to send down the record to the learned Courts below.

¶4Mr. Haloi, learned counsel for respondents submits that the respondents have no objection in the event of allowing the applicants to withdraw the connected RSAs, as the matters have already been settled between the parties.

¶5Having heard the submission of learned Advocates of both sides, I have carefully gone through these applications and the compromise agreement, which is annexed with these applications as Annexure-A, at page-18.

¶6It appears that both the parties have amicably settled these matters and as such, I find sufficient ground to allow the applicants to withdraw these second appeals. Accordingly, the connected second appeals stand disposed of on withdrawal. The deed of compromise agreement (Annexure-A) shall be part of the decree.

¶7Registry shall send down the records to the learned Courts below forthwith with a copy of this order.

¶8In terms of above, the I.A.s stand disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/4 GAHC010170592024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2648/2024o MDoAJIJULoHOQUEoando2oORSo S/OoLATEoSAMSUDDIN 2:oEMDADULoHOQUE o 3:oMAHIDULoHOQUEo@oMOFIDULoISLAM oALLoAREoSONSoOFoLATEoSAMSUDDIN oR/OoTELIAoBEBEJIAoPATHAR oMOUZAoJURIA oP.O.oSAKULIoPATHAR oP.S.oJURIA oDIST.oNAGAON oASSAM oPINo78212o VERSUSo MUSSTToMULUKJANoNESSAoando5oORSoHo D/OoLATEoSIRAJoALI, 2:MD.oISHAHAKoALI o 3:MD.oMAINUDDIN o 4:MD.oMUBARAKoALI o 5:MD.oRAMJANoALI Page No.# 2/4 6:MUSSTT. RAHIMA KHATUN WIFE SONS AND DAUGHTER OF LATE SIRAJ ALI R/O CHAMDHARA MOUZA JURIA P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 78212 Advocate for the Petitioner : MR. A MOBARAQUE, MR.A MOBARAQUE,MR.B BANERJEE Advocate for the Respondent : MS. J DEVI, MR.I CHOUDHURY(R- 1-6),MR.P KATAKI(R- 1- 6),MRM HALOI(R- 1-6) Linked Case : I.A.(Civil)/2649/2024 MAINUL HOQUE and ANR S/O LATE SAMSUDDIN 2: EMDADUL HOQUE 3: MAHIDUL HOQUE @ MOFIDUL ISLAM ALL ARE SONS OF LATE SAMSUDDIN R/O TELIA BEBEJIA PATHAR MOUZA JURIA P.O. SAKULI PATHAR P.S. JURIA DIST. NAGAON ASSAM PIN 782124 VERSUS MUSSTT MULUKJAN NESSA and 5 ORS D/O LATE SIRAJ ALI 2:MD. ISHAHAK ALI Page No.# 3/4 3:MD. MAINUDDIN 4:MD. MUBARAK ALI 5:MD. RAMJAN ALI 6:MUSSTT. RAHIMA KHATUN WIFE SONS AND DAUGHTER OF LATE SIRAJ ALI R/O CHAMDHARA MOUZA JURIA P.O. DAGAON P.S. JURIA DIST. NAGAON ASSAM PIN 782124 ------------ Advocate for : MR.A MOBARAQUE Advocate for : appearing for MUSSTT MULUKJAN NESSA and 5 ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN