Abdul Kalam v. Sri Sima Mallik And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20575 of 2014 ====================================================== Abdul Kalam, son of Md. Abdul Salam Mallik Marhum, resident of villagePeduka, P.S. Asthawan, P.O. Belchhi, District-Nalanda. ... ... Petitioner/s

Versus

1. Sri Sima Mallik, wife of Chint Mallik, resident of Mohalla-Alamganj, Biharsharif, District-Nalanda.

2. Smt. Sajada Khatoon, wife of Jaweduddin, Maternal grand daughter of Matiur Rahman, Marhum, resident of Mohalla-Alamganj, Biharsharif, District-Nalanda

3. Mohammad Khalid Ibrahim, son of Halim Mallik Marhum, resident of Mohalla-Chhoti Bazar, P.O. Jhauganj, P.S. Machcharhatta, Patna City, District-Patna,

4. Harun Rashid, son of Md. Abdul Salam, resident of Mohalla-Laheri, P.O. Biharsharif, District-Nalanda,

5. Md. Shamim Akhtar, son of Md. Abdul Salem, resident of Mohalla-Laheri, P.O. Biharsharif, District-Nalanda,

6. Bibi Sultana Khatoon, wife of Mannan Khan &

7. Mannan Khan, son of Md. Jamil Khan, both are resident of MohallaBhainsasur, Town-Biharsharif, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hoda, Advocate Mr. Arjun Prasad, Advocate For the Respondent/s :

Mr. Khatim Reza, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date : 04-12-2018 This application has been filed for quashing the order dated 29.01.2014 passed by Sub Judge-VII, Biharsharif, Nalanda in Title Suit No.38 of 1994 whereunder the amendment petition filed by the petitioner was rejected.

2. Heard the learned counsel for the petitioner as well as learned counsel for the respondents and perused the I.A.No.3023 of 2016.

Patna High Court CWJC No.20575 of 2014 dt.04-12-2018 2/2

3. It appears that after the death of sole petitioner Abdul Kalam, this writ application was dismissed on 20.06.2018. The petitioner of I.A.No.3023 of 2016 filed Miscellaneous Jurisdiction Case No.2074 of 2018 and on his prayer this writ application restored.

4. It has been submitted that the respondent no.5 is own brother of petitioner Abdul Kalam (since dead) and so in order to proceed with this writ application, he is necessary to be transposed in the category of petitioner.

5. On going through the impugned order and writ petition, I find that the interest of respondent no.5 was quite adverse to the interest of the writ petitioner and so he cannot be substituted in place of Abdul Kalam. This being the position, this application is not sustainable and is dismissed. This writ application, on account of death of petitioner has become infructuous and is accordingly dismissed.

(Sanjay Kumar, J) B.Kr./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.12.2018 Transmission Date N/A