Page No.# 1/5 GAHC010071382025 2025:GAU-AS:11479 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1122/2025 HABIBUR RAHMAN S/O LATE ABDUL MAJID KHA, RESIDENT OF VILLAGE NO. 2, BORGHULI, MOUZA- PUBTHORIA, DIST NAGAON, ASSAM 2: HAABIBUR RAHMAN S/O LATE ABDUL MAJID KHA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 3: AYESHA KHATUN S/O LATE ABDUL MAJID KHA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 4: MOCHA NURJAHAN D/O LATE ABDUL MAJID KHA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 5: SAHERA KHATUN D/O LATE ABDUL MAJID KHA Page No.# 2/5 RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 6: RAHIMA KHATUN D/O LATE ABDUL MAJID KHA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSA VERSUS NURUDDIN S/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2, BORGHULI, MOUZA- PUBTHORIA, DIST NAGAON, ASSAM 2:MD. SAFIRUDDIN S/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 3:MD. AFAZUDDIN S/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 4:MUSSTT. AASHIA KHATUN D/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 5:MUSSTT. MAJEDA KHATUN D/O LATE MD. ZAKARIA Page No.# 3/5 RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 6:MUSSTT. MAFUZA KHATUN D/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 7:MUSSTT. MARIA KHATUN D/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 8:MUSSTT. FARIDA KHATUN D/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 9:MUSSTT. JESMINA KHATUN D/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSAM 10:MUSSTT. HALIMA KHATUN W/O LATE MD. ZAKARIA RESIDENT OF VILLAGE NO. 2 BORGHULI MOUZA- PUBTHORIA DIST NAGAON ASSA Advocate for the Petitioner : MR. H ALI, MR M BORO Page No.# 4/5 Advocate for the Respondent : MR. P P DAS, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27-08-2025 Heard learned counsel Mr. R. Ali for the applicant, who has filed this application under Order XXII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 with prayer for substitution of the deceased appellant Abdul Majid Kha. 2. It is submitted that during the pendency of the appeal, the appellant Abdul Majid Kha passed away on 19.02.2025, leaving behind the following legal heirs, namely :- (i) Habibur Rahman (son) (ii) Haabibur Rahman (son) (iii) Ayesha Khatun (daughter) (iv) Mocha Nurjahan (daughter) (v) Sahera Khatun (daughter) (vi) Rahima Khatun (daughter), being sons and daughters of the deceased appellant. 3. This application is filed within the period of limitation. Thereby, the prayer for substitution of the aforementioned legal heirs of the deceased appellant is Page No.# 5/5 allowed. 4. The names of the aforementioned legal heirs of the deceased appellant may be incorporated in the cause title of the connected appeal. 5. In terms of the above observation, this Interlocutory Application is disposed of. JUDGE Comparing Assistant