Sheikh Imam Hasan Alias Imam Hasan And ANR v. Sheikh Nazarul And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1436 of 2017 ====================================================== 1.

Sheikh Imam Hasan Alias Imam Hasan son of Late Ali Raza, 2.

Sheikh Mahfuz Alam @ Mahfuz Alam son of Sheikh Bhola, Both resident of Lachhanauta, Post Office Dhamaura, Police Station Sathi, District- West Champaran.

... ... Petitioner/s

Versus

1.

Sheikh Nazarul son of Sk. Makhadum Baksh, 2.

Sheikh Ajazul Haque, son of Sk. Makhadum Baksh, 3.

Sheikh Samarez Alam, son of Sk. Makhadum Baksh, 4.

Sheikh Fakhare Alam, son of Sk. Makhadum Baksh, Nos. 1 to 4 all resident of Village- Uttar Wahini, Police Station Chanpatia, Post Office Pokhariya, District West Champaran.

5.

Najma Khatoon, daughter of Late Sk. Makhadum Baksh, wife of Sk. Wasir, resident of Village- Beldari, Post Office Baramat Parasarain, Police Station Muffasil, District- West Champaran.

6.

Misrun Nisa Khatoon, daughter of Late Sk. Makhadum Baksh, wife of Sk. Majid, resident of Village- Uttar Wahini, Police Station Chanpatia, Post Office Pokhariya, District West Champaran.

8.

Samsum Nisa Khaton daughter of Late Sk. Makhadum Baksh, wife of Sk. Jameel @ Sk. Bhikhari, resident of Village- Barkurwa, Police StationChanpatia, District West Champaran. 9.

Sajroon Nesa daughter of Late Sk. Makhadum Baksh, wife of Sk. Aslam, resident of Village- Chanpatia, Post Office Chanpatia, Police StationChanpatia, District West Champaran. 10.

Ram Tapasya Singh son of Bachcha Singh, 11.

Surendra Singh, son of Bhikhari Singh, 12.

Baidyanath Singh, son of Jata Shankar Singh, Nos. 9 to 11 are resident of Village- Lachhanauta, Post Office Dhamaura, Police Station- Sathi, DistrictWest Champaran. 13.

Issa Mian son of Sk. Wahiuddin, 14.

Chhangur Mian son of Sk. Wahiuddin, 15.

Aamana Khatoon daughter of Sk. Wahiuddin, wife of Bhola, No. 12 to14 are resident of Village- Sonbarsa, Post Office Sonbarsa, Police Station Gopalpur, District West Champaran.

16.

Shabnam Khatoon, wife of Late Sk. Abdul Sattar, 17.

Sk. Bhola, son of Late Abdul Sattar, 18.

Sk. Ayub, son of Late Sk. Abdul Sattar,

2/4 19.

Sk. Firoz, son of Late Sk. Abdul Sattar, 20.

Sk. Lalu, son of Late Sk. Abdul Sattar, 21.

Sk. Aslam, son of Late Sk. Abdul Sattar, Nos. 15 to 20 are resident of Village- Lachhanauta, Police Station- Sathi, District- West Champaran. 22.

Tara Khatoon, daughter of Late Abdul Sattar, wife of Sk. Salam, resident of Village- Uttar Wahini, Police Station Chanpatia, Post Office Pokhariya, District West Champaran.

23.

Rani Khatoon, daughter of Late Abdul Sattar, resident of Village- Parsauni, Police Station- Sathi, District- West Champaran. 24.

Hassan Bibi, daughter of Late Sk. Ashgar, wife of Md. Ashique, resident of Village- Semara Madarsha, Police Station- Majhaulia, Post Office Sariswa, District West Champaran.

25.

Smt. Rani Jha, wife of Late Shyam Nandan Jha, 26.

Ramesh Kumar Jha, son of Late Shyam Nandan Jha, 27.

Rajesh Kumar Jha, son of Late Shyam Nandan Jha, 28.

Raghwendra Kumar Jha, son of Late Shyam Nandan Jha, 29.

Anand Kumar Jha, son of Late Shyam Nandan Jha, 30.

Binod Jha, son of Shiv Chandra Jha, Nos. 24 to 29 are resident of VillageDhamaura, Police Station Sathi, District- West Champaran. 31.

Ram Tapashya Singh, son of Bachcha Singh, 32.

Surendra Singh, son of Bhikhari Singh, 33.

Sk. Washi Ahmad, son of Sk. Alim, 34.

Gonda Singh, son of Late Amar Singh, 35.

Vijay Kumar Singh, son of Late Kanchan Singh, 36.

Sri Narain Singh, son of Late Kanchan Singh, 37.

Sabhapati Singh, son of Late Kanchan Singh, 38.

Subhashini Kuer, wife of Late Kanchan Singh, Nos. 30 to 37 are resident of Village- Lachhanauta, Post Office Dhamaura, Police Station Sathi, DistrictWest Champaran. 39.

Sita Devi, daughter of Late Kanchan Singh, wife of Ajay Rai, resident of Village- Chanki Pipara, Police Station- Shikarpur, District- West Champaran.

40.

Vimal Devi, daughter of Late Kanchan Singh, wife of Bipin Thakur, resident of Village- Mahavirpur, Police Station Jogapatti, District- West Champaran. 41.

Sudha Devi, daughter of Late Kanchan Singh, wife of Dipu Rai, resident of Village- Turahapatti, Police Station- Chanpatia, District- West Champaran. 42.

Baidyanath Singh, son of Jata Shankar Singh, 43.

Most. Lakhpati Devi, wife of Late Kashi Singh, 44.

Sunil Singh, son of Late Kashi Singh, Nos. 41 to 43 are resident of VillageLachhanauta, Police Station- Sathi, District- West Champaran.

3/4 45.

Ambedika Devi, daughter of Late Kanchan Singh, wife of Suresh Rai, resident of Mohalla- Basant Bihar, Haribatika Town, Bettiah, Post Office Bettiah, Police Station Bettiah, District West Champaran. 46.

Mithala Devi, wife of Ashok Rai, daughter of Late Kanchan Singh, resident of Village- Gobaraura, Police Station- Lauriya, District- West Champaran. 47.

Prema Devi, wife of Anil Singh, daughter of Late Kanchan Singh, resident of Village- Ratanpura, Police Station- Chanpatia, District West Champaran. 48.

Daroga Yadav, son of Malai Yadav, 49.

Sk. Arif, son of Sk. Motab, 50.

Sk. Moinuddin, son of Sk. Gulli, 51.

Sk. Hasmuddin, son of Sk. Moinuddin, 52.

Santosh Yadav, son of Late Dukhharan Yadav, Nos. 47 to 51 are resident of Village- Lachhanauta, Police Station Sathi, District West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hasnain Haider, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-07-2025 Vide order dated 26.06.2025, report has been called from the learned Additional District Judge-III, West Champaran at Bettiah as to why Title Appeal No. 39 of 2011 has been kept pending for almost 14 years and pursuant thereto a communication has been received from learned District & Additional Sessions Judge-IV, Bettiah, West Champaran wherein he has submitted that Title Appeal No. 39 of 2011 has been dismissed in default on 19.11.2022.

2. Since the impugned order dated 13.02.2017 has been passed in Title Appeal No. 39 of 2011, after disposal of the said title appeal, the present matter has become infructuous.

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3. Accordingly, the present civil miscellaneous petition is disposed of.

(Arun Kumar Jha, J) balmukund/- U