Page No.# 1/7 GAHC010110152024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Test.App./3/2017 SRI DULAL CHANDRA DEY S/O LATE SANTOSH KUMAR DEY R/O CHAPAGURI ROAD NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 VERSUS SMTI SABITRI SHARMA and 12 ORS D/O TIKADUTTA SHARMA R/O NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 2:TILAK SHARMA ADOPTED S/O LATE GYANMAYA DEVI R/O VILL. DHALIGAON P.S. DHALIGAON DIST. BONGAIGAON ASSAM PIN 783385 3:PARAMANANDA AWASTHI S/O LATE SEOMOHAN AWASTHI R/O NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 Page No.# 2/7 4:SMTI MINA ROY W/O LATE PRAFULLA CH. RAY 5:PRADIP KUMAR ROY 6:DILIP KUMAR ROY 7:ANUP KUMAR ROY 8:SUMIT KUMAR ROY 9:ASHIT KUMAR ROY S/O LATE PRAFULLA CH. RAY 10:RATAN ROY S/O LATE PRAFULLA CH. RAY RESPONDENTS NO. 5 TO 10 ARE SONS AND LEGAL HIEIRS OF LATE PRAFULLA CH. RAY ALL ARE R/O NATUNPARA NEAR LOK NATH MANDIR P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 11:SMTI ANITA SARKAR ROY D/O LAE PRAFULLA CH. RAY 12:SMTI SUNITA MITRA ROY D/O LATE PRAFULLA CH. RAY W/O SRI NANDA MITRA RESPONDENTS NO. 11 AND 12 ARE R/O BHAKARIVITA CHOUDHURY PARA NEAR HINDI HIGHER SECONDARY SCHOOL P.O. P.S. AND DIST. BONGAIGAON ASSAM PIN 783380 13:SMTI POMPA BISWAS ROY D/O LATE PRAFULLA CH. RAY W/O SRI GOBINDA BISWAS Page No.# 3/7 R/O BABUPARA WARD NO. 11 P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 ------------ Advocate for : MR.D DEY Advocate for : FOR CAVEATOR appearing for SMTI SABITRI SHARMA and 12 ORS I..A.(Civil)/1680/2024 ON THE DEATH OF DULAL CHANDRA DEY HIS LEGAL HEIRS MALATI DEY AND ORS 2: SMTI MALATI DEY W/O LATE CHANDRA DEY R/O CHAPAGURI ROAD NORTH BONGAIGAON WARD NO. 8 P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 3: SMTI MOON MOON BOSE D/O LATE DULAL CHANDRA DEY W/O SRI ARUP BOSE R/O CHAPAGURI ROAD NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 4: SRI DEBOJIT DEY S/O LATE DULAL CHANDRA DEY R/O CHAPAGURI ROAD NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 Page No.# 4/7 5: SMTI MAMPY DEY SARKAR D/O LATE DULAL CHANDRA DEY W/O MANASH SARKAR R/O CHAPAGURI ROAD NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 78338 VERSUS SMTI SABITRI SHARMA and 12 ORS D/O TIKADUTTA SHARMA, R/O NORTH BONGAIGAON, P.O., P.S. and DIST. BONGAIGAON, ASSAM, PIN 783380 2:TILAK SHARMA ADOPTED S/O LATE GYANMAYA DEVI R/O VILL. DHALIGAON P.S. DHALIGAON DIST. BONGAIGAON ASSAM PIN 783385 3:PARAMANANDA AWASTHI S/O LATE SEOMOHAN AWASTHI R/O NORTH BONGAIGAON P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 4:SMTI MINA ROY W/O LATE PRAFULLA CH. RAY 5:PRADIP KUMAR ROY 6:DILIP KUMAR ROY 7:ANUP KUMAR ROY 8:SUMIT KUMAR ROY Page No.# 5/7 9:ASHIT KUMAR ROY S/O LATE PRAFULLA CH. RAY 10:RATAN ROY S/O LATE PRAFULLA CH. RAY RESPONDENTS NO. 5 TO 10 ARE SONS AND LEGAL HIEIRS OF LATE PRAFULLA CH. RAY ALL ARE R/O NATUNPARA NEAR LOK NATH MANDIR P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 11:SMTI ANITA SARKAR ROY D/O LAE PRAFULLA CH. RAY 12:SMTI SUNITA MITRA ROY D/O LATE PRAFULLA CH. RAY W/O SRI NANDA MITRA RESPONDENTS NO. 11 AND 12 ARE R/O BHAKARIVITA CHOUDHURY PARA NEAR HINDI HIGHER SECONDARY SCHOOL P.O. P.S. AND DIST. BONGAIGAON ASSAM PIN 783380 13:SMTI POMPA BISWAS ROY D/O LATE PRAFULLA CH. RAY W/O SRI GOBINDA BISWAS R/O BABUPARA WARD NO. 11 P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 78338 Advocate for the Petitioner : MR. M U MAHMUD, MR.S ISLAM,MR.M U MAHMUD Advocate for the Respondent : MR. C SHARMA, Page No.# 6/7 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 23.07.2026 1. Heard Mr. M. U. Mondal, the learned counsel for the appellant. Also heard Mr. C. Sarma, the learned counsel for the respondent Nos. 5, 7, 8, 9 and 10 as well as Mr. B. J. Mukherjee, the learned counsel for the respondent No. 6. 2. It is submitted by the learned counsel for the appellant that during the pendency of this appeal, the appellant has died, the executor in the impugned will. 3. The learned counsel for the appellant submits that due to the death of the appellant who was the executor of the will, the requirement of filing appropriate application for issuance of letters of administration before the appropriate court is there and, as such, he prays for allowing this Testamentary Appeal to be withdrawn. 4. The prayer is not objected to by the learned counsel for the respondent. 5. Hence, in view of the submissions made by the learned counsel for the appellant, this appeal is dismissed with liberty to approach the appropriate court for filing application for grant of letters of administration is allowed. 6. While considering any prayer for delay in case of filing of an application issuance of letters of administration, the court before which such application is filed shall take into consideration the period of pendency of this appeal before this Court while deciding as to whether any benefit can be given to the applicant under Section 14 of the Limitation Act, 1963. Page No.# 7/7 7. With this observation, this Testamentary Appeal is disposed of. JUDGE Comparing Assistant