Page No.# 1/3 GAHC010258612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/86/2023 ON THE DEATH OF SUBODH CHOUDHURY HIS LEGAL HEIRS NAMELY SMT. SEEMA CHOUDHURY AND ORS 1.1: SMT. SEEMA CHOUDHURY W/O LATE SUBODH CHOUDHURY R/O HOUSE NO. 23 COLONY ROAD HATIGARH CHARIALI P.S. GEETANAGAR GUWAHATI-21 DIST.KAMRUP ASSAM. 1.2: MS. SUNITA CHOUDHURY D/O LATE SUBODH CHOUDHURY R/O HOUSE NO. 23 COLONY ROAD HATIGARH CHARIALI P.S. GEETANAGAR GUWAHATI-21 DIST.KAMRUP ASSAM. 1.3: SRI SANJAY CHOUDHURY S/O LATE SUBODH CHOUDHURY R/O HOUSE NO. 23 COLONY ROAD HATIGARH CHARIALI P.S. GEETANAGAR GUWAHATI-21 DIST.KAMRUP ASSAM. Page No.# 2/3 1.4: MS. SMITHA CHOUDHURY D/O LATE SUBODH CHOUDHURY R/O HOUSE NO. 23 COLONY ROAD HATIGARH CHARIALI P.S. GEETANAGAR GUWAHATI-21 DIST.KAMRUP ASSAM. 1.5: SRI SAMBHU CHOUDHURY S/O LATE SUBODH CHOUDHURY R/O HOUSE NO. 23 COLONY ROAD HATIGARH CHARIALI P.S. GEETANAGAR GUWAHATI-21 DIST.KAMRUP ASSAM. VERSUS SRI NRIPEN DEKA S/O LATE KARUNA KANTA DEKA R/O HOUSE NO. 9 BAGHARBORI BIDYA NAGAR P.S. NOONMATI GUWAHATI-37 DIST. KAMRUP ASSAM. ------------ Advocate for : MR. SHEELADITYA Advocate for : MR. H K DEKA appearing for SRI NRIPEN DEKA BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 26.06.2025 Heard Mr. S. Sahu, learned counsel for the applicants and also heard Mr. B.D. Deka, learned counsel for the respondent/opposite party. Page No.# 3/3 This application under Order 41 Rule 19 of the Code of Civil Procedure is preferred by the applicants for restoration of RFA No.59/2015, which was dismissed for non- prosecution on 21.03.2023 by this Court. Mr. Sahu, learned counsel for the applicants submits that on account of death of earlier counsel, the application could not be filed in time and the applicants could not take step within the stipulated period and there is a requirement for restoring the RFA No.59/2015. Mr. Deka, learned counsel for the respondent/opposite party submits that he has no objection in restoring the RFA No.59/2015. However, Mr. Deka submits that since the matter is of the year 2015, a date may be fixed for hearing of the matter. Taking note of the submission of learned counsel for both the parties, this application stands allowed. The connected RFA is restored to file in its original number. Since the RFA No.59/2015 is of the year 2015, Registry shall list the RFA No.59/2015 for hearing on 12.08.2025. Comparing Assistant Sd/- Robin Phukan JUDGE