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2025 DAILYLAW 13390 (GAU)

ON THE DEATH OF SRI PRADIP KOWAR v. MUSSTT SAHANAZ KHANAM

I.A.(Civil)/1783/2025 · 2025-08-26

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010116882025 2025:GAU-AS:11485 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1783/2025 ON THE DEATH OF SRI PRADIP KOWAR, HIS LEGAL HEIRS 3.1: SMTI BULI KONWAR W/O LATE PRADIP KONWAR RESIDENT OF MORI BURHAGAON WARD NO. 6 DIST MORIGAON ASSAM 782105 3.2: SANJEEV KONWAR S/O LATE PRADIP KONWAR RESIDENT OF MORI BURHAGAON WARD NO. 6 DIST MORIGAON ASSAM 782105 3.3: ANINDITA KONWAR D/O LATE PRADIP KONWAR RESIDENT OF MORI BURHAGAON WARD NO. 6 DIST MORIGAON ASSAM 78210 VERSUS MUSSTT SAHANAZ KHANAM W/O MD. JIAUR RAHMAN, RESIDENT OF MORIGAON TOWN, WARD NO. 7, PO AND PS AND DIST MORIGAON, ASSAM 782105 Page No.# 2/3 Advocate for the Petitioner : MR. S SHARMA, Advocate for the Respondent : MR. D C C PHUKAN, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27-08-2025 Learned counsel Mr. N. Thakuria is present on behalf of learned counsel Mr. S. Sharma for the applicants/legal heirs of proforma respondent No. 3 Late Pradip Konwar. 2. Heard learned counsel Mr. D.C.C. Phukan for the appellant, learned counsel Mr. N. Goswami for the respondent No. 1 and learned counsel Mr. S.K. Poddar for the respondent No. 2. 3. It is submitted that the proforma respondent No. 3 Late Pradip Konwar was the principal defendant No. 1 in Title Suit No. 23/2014, who passed away on 17.05.2023, leaving behind his legal heirs, namely :- 3(a). Smt. Buli Konwar W/O – Late Pradip Konwar Age – 48 yrs 3(b). Sanjeev Konwar S/O – Late Pradip Konwar Age – 26 yrs. 3(c). Anindita Konwar D/O – Late Pradip Konwar Page No.# 3/3 Age – 23 yrs. 4. It is submitted that in the month of March, 2025, a notice of the second appeal was served on the wife of the deceased proforma respondent No. 3, Late Pradip Konwar, despite being informed that Pradip Konwar has already passed away. As such, this application has been filed for informing this Court the fact that on death of Late Pradip Konwar, he is survived by his legal heirs. 5. I have considered the submissions at the bar with circumspection. 6. As the legal heirs of proforma respondent No. 3 are already before this Court, steps may be taken to substitute the legal heirs of proforma respondent No. 3 and an amended cause title may be submitted. 7. In terms of above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant