Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 17268 (GAU)

ON THE DEATH OF SRI GIRISH BHATTACHARYA, HIS LEGAL HEIRS 1 (a) PRATIMA DEVI v. SRI SHIVA PRASAD BHATTACHARYA

I.A.(Civil)/2673/2025 · 2025-08-31

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010174802025 2025:GAU-AS:11782 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2673/2025 ON THE DEATH OF SRI GIRISH BHATTACHARYA, HIS LEGAL HEIRS 1 (a) PRATIMA DEVI WIFE OF LATE GIRISH BHATTACHARYA 1.2: 1(b) RUMI BHATTACHARYA D/O LATE GIRISH BHATTACHARYA 1.3: 1(c) DIPSMITA BHATTACHARYA D/O LATE GIRISH BHATTACHARYA 1.4: 1(d) NIKI BHATTACHARYA D/O LATE GIRISH BHATTACHARYA 1.5: 1(e) PARISMITA BHATTACHARYA D/O LATE GIRISH BHATTACHARYA ALL ARE RESIDENT OF GAMERIMURI KAITHALKUCHI (OJAPARA) NALBARI ASSA VERSUS SRI SHIVA PRASAD BHATTACHARYA SON OF LATE ARUN BHATTACHARYA, R/O VILLAGE JOARDI, KAITHALKUCHI, BELSOR, NALBARI, ASSAM 2:SRI KESHAB BHATTACHARYA D/O LATE GOPAL BHATTACHARYA 3:SMTI BHARATI DEVI D/O LATE GOPAL BHATTACHARYA 4:SMTI ARATI DEVI Page No.# 2/6 D/O LATE GOPAL BHATTACHARYA 5:SMTI REBATI DEVI D/O LATE GOPAL BHATTACHARYA 6:SMTI MONOMATI DEVI D/O LATE PADMAPANI BHATTACHARYA 7:SMTI SARALA DEVI D/O LATE PADMAPANI BHATTACHARYA 8:SMTI DIPANJALI BHATTACHARYA D/O LATE PADMAPANI BHATTACHARYA ALL ARE RESIDENT OF VILLAGE GAMERIMURI (OJAPARA BELSOR NALBARI ASSAM 9:SMTI KUNJA DEVI D/O SHIVA PRASAD BHATTACHARYA 10:SMTI ANU DEVI D/O SHIVA PRASAD BHATTACHARYA 11:SMTI JAYA DEVI D/O SHIVA PRASAD BHATTACHARYA 12:SMTI MINATI DEVI D/O SHIVA PRASAD BHATTACHARYA 13:SMTI PRANITA DEVI D/O SHIVA PRASAD BHATTACHARYA 14:SMTI JUTI DEVI D/O SHIVA PRASAD BHATTACHARYA ALL ARE RESIDENT OF JOARDI KAITHALKUCHI NALBARI ASSAM 15:SRI DIPAK BHATTACHARYA D/O LATE DINESH BHATTACHARYA 16:SMTI ANJU DEVI D/O LATE DINESH BHATTACHARYA R/O VILLAGE GAMERIMURI KAITHALKUCHI Page No.# 3/6 BELSOR NALBARI ASSAM 17:SRI JAYDEV SARMA SON OF LATE DAMAYANTI DEVI R/O VILLAGE BISTUPUR NALBARI ASSAM NO. 15 16 17 ARE UNDER CARE OF SRI MUKUL MISHRA SON OF LATE JAY MISHRA RESIDING OVER THE SUIT LAND (AS PERMISSIVE POSSESSOR UNDER ) AT VILLAGE JOWARDI NALBARI ASSAM 18:SMTI HIRAN DEVI D/O LATE DAMAYANTI BHATTACHARYA C/O PRAFULLA SARMA R/O PANIGAON NALBARI ASSAM 19:SRI MUKUL MISHRA SON OF LATE JAY MISHRA RESIDING OVER THE SUIT LAND AS PERMISSIVE POSSESSOR VILLAGE GAMERIMURI (JOWARDI) POST OFFICE KAITHALKUCHI DISTRICT NALBARI ASSAM 20:SRI UMESH BHATTACHARYA SON OF LATE PADMAPANI BHATTACHARYA R/O VILLAGE GAMERIPURI KAITHALKUCHI NALBARI ASSAM 21.1:ON THE DEATH OF ORIGINAL PLAINTIFF NO 2 NAMELY LATE RAMESH BHATTA HIS LEGAL HEIRS i PAMINI DEVI WIFE OF LATE RAMESH BHATTA 21.2:RANJITA DEVI D/O LATE RAMESH BHATTA Page No.# 4/6 21.3:GITANJALI DEVI D/O LATE RAMESH BHATTA 21.4:SASANKA BHATTACHARYA SON OF LATE RAMESH BHATTA 21.5:MONOJ BHATTACHARYA SON OF LATE RAMESH BHATTA i R/O VILLAGE GAMERI MURI KAITHALKUCHI NALBARI ASSAM II TO V NEAR ROYAL PLACE UDAY BIHAR KAMRUP METRO 22:SRI AKHIL BHATTACHARYA SON OF LATE GOPAL BHATTACHARYA R/O VILLAGE GAMERIMURI KAITHALKUCHI NALBARI ASSA Advocate for the Petitioner : A SARMA, MS A BORDOLOI Advocate for the Respondent : MR. D GOSWAMI, MR A BHUYAN BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 01-09-2025 Heard learned counsel Ms. P. Patowary for the applicant/respondent No. 20, who has filed this application under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 with prayer for substituting the legal heirs of the applicant/respondent No. 20 Late Girish Bhattacharya in RSA No. 5/2024. 2. Also heard learned counsel Mr. A. Bhuyan for the respondents/opposite parties No. 1, 9, 10, 11, 12, 13 and 14, learned counsel Ms. A. Sarma for the Page No.# 5/6 respondents opposite parties No. 2, 8, 15 to 18 and 21 and learned counsel Mr. S. Afridi for the opposite party No. 22/appellant. 3. Learned counsel for the opposite parties have no objection against the prayer for substitution. 4. Considering all aspects, the following legal heirs of Late Girish Bhattacharya are to be substituted and arrayed as proforma respondents No. 20(a) to 20(e) in the connected appeal in place of deceased proforma respondent No. 20:- Sl. No NAME RELATIONSHIP AGE 20 (a) Pratima Devi Wife 58 years 20 (b) Rumi Bhattacharya Daughter 25 years 20 (c) Dipsmita Bhattacharya Daughter 22 years 20 (d) Niki Bhattacharya Daughter 20 years 20 (e) Parismita Bhattacharya Daughter 18 years Sl. No. 20(a)-20(e) are residents of village Gamerimuri (Ojapara), P.O. Kaithalkuchi, District Nalbari, Assam. 5. Amended cause title to be filed in the connected appeal. 6. In terms of the above observation, this Interlocutory Application stands disposed of. Page No.# 6/6 JUDGE Comparing Assistant