Page No.# 1/3 GAHC010130842024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/883/2024 MR DEBOJIT SAIKIA and ORS S/O LATE TUNIRAM SAIKIA 2: MR. NABAJIT SAIKIA S/O LATE TUNIRAM SAIKIA 3: MS. DEEPALI SAIKIA D/O LATE TUNIRAM SAIKIA 4: MS. RUPALI SAIKIA D/O LATE TUNIRAM SAIKIA 5: MR. ROSHESWAR KATONI S/O LATE TEPURAM KATONI ON THE DEATHN OF MR. BHUBAN KATONI HIS LEGAL HEIRS 6: SRI ARUP SAIKIA S/O LATE BHUBAN KATONI 7: MS. JITA SAIKIA D/O LATE BHUBAN KATONOI 8: ATUL KATONI Page No.# 2/3 S/O LATE TEPURAM KATONI 9: BIPUL KATONI S/O LATE TEPURAM KATONI 10: NIPUL KATONI S/O LATE TEPURAM KATONI ALL ARE RESIDEN TOF KATONI GAON JORHAT ASSAM VERSUS MR PRANSANT KATONI and 2 ORS S/O LATE GOPAL CHANDRA KATONI R/ O KATONI GAON JORHAT DISTRICT JORHAT ASSAM 2:AJIT KUMAR KATONI S/O LATE GOPAL CHANDRA KATONI RESIDENT OF KATONI GAON JORHAT ASSAM 3:MS. ALAKA DEVI KATONI D/O LATE GOPAL CHANDRA KATONI RESIDENT OF KATONI GAON JORHAT ASSAM ------------ Advocate for : MR. D SARMAH Advocate for : appearing for MR PRANSANT KATONI and 2 ORS Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.02.2026 Heard Mr. D. Sarma, learned counsel for the applicants and Mr. T.K. Bhuyan, learned counsel for the respondents. This I.A. has been filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908 seeking setting aside abatement of the connected RSA No. 242 of 2016 in view of the non-substitution of the legal heirs of the deceased/ appellant No. 3. As the delay in preferring the connected application has already been condoned in the connected I.A (Civil)/ 2159/ 2024 and the deceased/ appellant 3 has been duly substituted by his legal heirs by order passed today in I.A (Civil)/ 884/2024 by this Court. Accordingly, the prayer for abatement is allowed. The abatement is set aside. The I.A. stands disposed of. JUDGE Comparing Assistant