Page No.# 1/3 GAHC010211842024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3786/2024 MD. ROYAL ALI S/O LATE JAMIR ALI VILL.- NORTH JALUKBARI P.O.- GAUHATI UNIVERSITY P.S.- JALUKBARI DIST.- KAMRUP (M) ASSAM PIN- 781014. VERSUS CHANDA DEVI JAIN AND ORS S/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. 2:DIPAK JAIN S/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. 3:VEENTI KUMAR JAIN Page No.# 2/3 S/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. 4:POOJA JAIN D/O LATE PRADIP KUMAR JAIN R/O MANI BHAWAN MALIGAON GATE GATE NO. 1 P.O.- MALIGAON GUWAHATI- 11 P.S.- JALUKABARI DIST.- KAMRUP (M) ASSAM. ------------ Advocate for : MR. D P CHALIHA Advocate for : appearing for CHANDA DEVI JAIN AND ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 06.08.2025 Heard Mr. D.P. Chaliha, learned Senior counsel assisted by Ms. M. Roy, learned counsel for the applicant/appellant and also heard Mr. S.A. Bakhtiar, learned counsel for the opposite parties/respondents. This application is preferred by the applicant for setting aside abatement in respect of deceased respondent/defendant, namely, Pradip Kumar Jain, in FAO No.76/2023. Mr. Chaliha, learned Senior counsel for the applicant submits that the respondent/defendant, namely, Pradip Kumar Jain, suffered demise on 10.05.2024 and his legal heirs have already been impleaded in FAO No.76/2023 and as such, there is a requirement for setting aside abatement against the respondent/defendant in FAO No.76/2023. Mr. Bakhtiar, learned counsel for the opposite parties submits that he has no Page No.# 3/3 objection. Taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to set aside the abatement against the respondent/defendant in FAO No.76/2023. In terms of above, the I.A. stands disposed of. The learned counsel for the applicant shall file amended cause title in FAO No.76/2023 within a period of one week from today and thereafter, Registry shall list the connected FAO before the Court on 05.09.2025. Comparing Assistant Sd/- Robin Phukan JUDGE