MASUMA KHANAM BARBHUIYA v. POWER GRID CORPORATION OF INDIA LIMITED AND OTHERS
I.A.(Civil)/1470/2025 · 2025-05-15
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11950 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11950 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010080522025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1470/2025 MASUMA KHANAM BARBHUIYA W/O LATE JAYNUL ISLAM BARBHUIYA R/O VILLAGE- BAHADURPUR PART-II P.O. BROJAPUR PART-I P.S. AND DIST- HAILAKANDI ASSAM 788155 VERSUS POWER GRID CORPORATION OF INDIA LIMITED AND OTHERS NER BADARPUR GHAT P.O. BADARPUR P.S. PANCHGRAM DISTRICT- HAILAKANDI ASSAM PIN-788806 2:THE DISTRICT COMMISSIONER HAILAKANDI DISTRICT- HAILAKANDI ASSAM. 3:MD JAYNUL ISLAM BARBHUIYA S/O LATE ARJOMOND BARBHUIYA VILLAGE- BAHADURPUR PART-II P.S. AND DIST- HAILAKANDI ASSAM. ------------
Page No.# 2/3 For the Applicant(s) : Mr. P.K. Roychoudhury, Advocate
For the Respondent(s) : Mr. Amit Kumar, Sr. Advocate Mr. N. Khera, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 16.05.2025
Heard Mr. P.K. Roychoudhury, the learned counsel appearing on behalf of the applicant. Mr. Amit Kumar, the learned Senior Counsel assisted by Mr. N. Khera appears on behalf of the opposite party who are the petitioners in CRP/36/2025. 2. The learned counsel appearing on behalf of the applicant submitted that the respondent against whom the accompanying proceedings have been filed had expired on 07.11.2024 leaving behind the applicant who is his legal representative. 3. The learned counsel appearing on behalf of the applicant further submitted that in terms with the recent judgment of the Supreme Court in the case of Om Prakash Gupta @ Lalloowa (Now Deceased) & Ors. Vs. Satish Chandra (Now Deceased) reported in (2025) SCC OnLine SC 291, an application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 can be filed by either of the parties to the proceedings and as such the instant application has been filed. 4. The learned Senior Counsel appearing on behalf of the opposite parties/ the petitioners in the accompanying petition submitted that he has no objection to the said application. Page No.# 3/3
5. Taking into account the above, this Court substitutes the respondent No. 3 in the accompanying proceedings with the applicant and arrays her as respondent No. 3.1 in the accompanying proceedings. 6. The learned counsel appearing on behalf of the petitioners in the accompanying petition is directed to file a fresh memo of parties before the Registry of this Court within 3 (three) days from today and the Registry on the basis of the instant order shall make necessary correction in the cause title and update the same in the CIS. 7.
With the above, the I.A. stands disposed of. JUDGE Comparing Assistant