Page No.# 1/3 GAHC010119402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1797/2025 ON THE DEATH OF MD ASAD ALI HIS LEGAL HEIRS MASUM BEGUM W/O LATE MD. ASAD ALI,RESIDENT OF M AZAD ROAD, AMIN PATTI NAGAON, PO NAGAON PADEL, 782003, ASSAM 2: RAIHANUS ALI W/O LATE MD. ASAD ALI RESIDENT OF M AZAD ROAD AMIN PATTI NAGAON PO NAGAON PADEL 782003 ASSAM TO BE REP BY HIS MOTHER NAMELY MASUM BEGUM 3: MOHSIN ALI S/O LATE MD. ASAD ALI RESIDENT OF M AZAD ROAD AMIN PATTI NAGAON PO NAGAON PADEL 782003 ASSAM 4: ANTARA AZIZA D/O LATE MD. ASAD ALI RESIDENT OF M AZAD ROAD AMIN PATTI NAGAON PO NAGAON PADEL 782003 ASSA VERSUS SAMARENDRA PAUL S/O- LT. SUDHIR PAUL, R/O- THAKUR RAM KRISHNA PATH, NAGAON, TOWN, MOUJA TOWN, P.S.- SADAR, DIST.- NAGAON, ASSAM, PIN- 782001. Page No.# 2/3 2:SEI DEBABRATA PAUL S/O- LT. SUDHIR PAUL R/O- THAKUR RAM KRISHNA PATH NAGAON TOWN MOUJA TOWN P.S.- SADAR DIST.- NAGAON ASSAM PIN- 782001. 3:MD. ABDUL MATALEB FATHERS NAME NOT KNOWN C/O SUNNY ELECTRICALS RESIDENT OF VILLAGE BABUBAZAR AZAD ROAD MOUJA TOWN PS SADAR DIST NAGAON ASSAM 4:TOUFIQUE RAFIQUE S/O LATE MD. RAFIQUE RESIDENT OF HOSPITAL ROAD NAGAON TOWN PS SADAR DIST NAGAON ASSAM 78200 Advocate for the Petitioner : MRS. A DEVI, MS. H BORAH,MR. H BURAGOHAIN,MR. A SATTAR Advocate for the Respondent : MR. P K ROYCHOUDHURY, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 12.08.2025 Heard Mr. Z. Mukit, learned counsel for the applicants. Also heard Mr. N. Haque, learned counsel appearing on behalf of Mr. P.K. Roychoudhury, learned Page No.# 3/3 counsel for the opposite party Nos. 1 and 2. 2. This interlocutory application, under Order 22 Rule 9 CPC, read with Section 151 CPC, is preferred by the applicants for setting aside abatement in respect of the deceased petitioner, namely, Md. Asad Ali @ Md. Asaid Ali in CRP No. 153/2014. 3. Mr. Mukit, learned counsel for the applicants submits that the petitioner, namely, Md. Asad Ali @ Md. Asaid Ali suffered demise on 30.01.2025, and his legal heirs have already been substituted in CRP No. 153/2014, and as such, there is a requirement for setting aside abatement against the petitioner in CRP No. 153/2014. 4. Mr. Haque, learned counsel appearing on behalf of Mr. P.K. Roychoudhury, learned counsel for the opposite party Nos. 1 and 2 submits that he has no objection in the event of allowing this application. 5. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to set aside abatement in respect of the deceased petitioner, namely, Md. Asad Ali @ Md. Asaid Ali in CRP No. 153/2014. 6. In terms of above, this I.A. stands allowed. JUDGE Comparing Assistant