Page No.# 1/4 GAHC010186972024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/70/2024 GAJIBAR RAHMAN and ANR. SON OF LATE BHAJUDDIN R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 2: MD. NIRIL ISLAM SON OF LATE BHAJUDDIN R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 VERSUS SHOMSHER ALI AND 5 ORS SON OF LATE GOLAM HUSSAIN ALIAS GOLAP HUSSAIN R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 2:MD. ABDUS SAMOND ALIAS ABDUS SALAM SON OF LATE GOLAM HUSSAIN ALIAS GOLAP HUSSAIN R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 Page No.# 2/4 3:MD. MUSSTT. AMALA KHATUN ALIAS BEWA W/O LATE SAHER ALI R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 4:MD. FAZAR ALI ALIAS FAZAL HOQUE S/O LATE SAHER ALI R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 5:MD. RAKMAN ALI S/O LATE SAHER ALI R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 6:MUSST. ANJURA BEGUM D/O LATE SAHER ALI R/O VILL. KABAITARY PART-IV P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN 783382 ------------ Advocate for : MR. A C SARMA Advocate for : appearing for SHOMSHER ALI AND 5 ORS Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 22.01.2025 Heard Mr. G. Bharadwaj, learned counsel for the appellants. Also heard Mr. B. J. Mukharjee, learned counsel for the respondents. The present application has been filed under Order XLI Rule 19 for restoration of RSA No. 89/2015 which was dismissed for non- prosecution on 20.09.2023. It has been submitted by the learned counsel for the appellant that due to non-representation of the appellant, this Court vide order dated 20.09.2023 dismissed the regular second appeal being No.RSA/89/2015 for non-prosecution. The learned counsel has also submitted that the petitioner has a good case in appeal. It is not intentional on the part of the learned counsel not to appear before the court, as such, if the appeal is not restored, the petitioner would face irreparable loss. Learned counsel for the respondents though has made objection, however, he has admitted that the matter should be decided on merit. Considering the submission made by the learned counsel for the parties, the case being RSA No. 89/2015 is restored to file on payment of a cost of Rs.1000/-. Page No.# 4/4 The amount of cost be deposited in the account of Gauhati High Court Legal Services Committee at Principal Seat. With the above observation, the Misc. Case stands disposed of. JUDGE Comparing Assistant