ON THE DEATH OF MD ASAD ALI HIS LEGAL HEIRS MASUM BEGUM v. SAMERENDRA PAUL
I.A.(Civil)/1798/2025 · 2025-08-11
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13564 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13564 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010119402025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1798/2025 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 ASSAM VERSUS
Page No.# 2/4 SAMERENDRA PAUL S/O- LT. SUDHIR PAUL R/O- THAKUR RAM KRISHNA PATH NAGAON TOWN MOUJA TOWN P.S.- SADAR DIST.- NAGAON ASSAM PIN- 782001.
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 782003 ------------ Advocate for : MS A DEVI Advocate for : MR. P K ROYCHOUDHURY appearing for SAMERENDRA PAUL
Page No.# 3/4 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 counsel for the opposite party Nos. 1 and 2.
2. This interlocutory application, under Order 22 Rule 3 CPC, read with Section 151 CPC, is preferred by the applicants for substitution of the legal heirs 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, leaving behind four legal heirs, namely, Masum Begum (wife), Raihanus Ali (son), Mohsin Ali (son) and Antara Aziza (daughter), and that they are required to be substituted in place of the deceased petitioner in CRP No. 153/2014. Mr. Mukit also submits that Raihanus Ali is a specially abled person and he will be represented by his mother, namely, Masum Begum.
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 allow this application.
6. Accordingly, the names of the four legal heirs, as mentioned above, be
Page No.# 4/4 substituted in place of the deceased petitioner in CRP No. 153/2014.
7. The learned counsel for the applicants shall file amended cause title in CRP No. 153/2014, within a period of one week from today.
8. In terms of above, this I.A. stands allowed.
JUDGE Comparing Assistant