Page No.# 1/4 GAHC010215262018 2025:GAU-AS:6448 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3506/2018 MUSTT. RABIJAN BEGUM W/O MD. HATIM ALI, R/O VILL. NO. 1, NIMUN LATIMA, P.O. AND P.S. GHAGRAPAR, DIST. NALBARI, ASSAM. VERSUS THE NEW INDIA ASSURANCE CO. LTD. NORTH LAKHIMPUR BRANCH, DIST. NORTH LAKHIMPUR, ASSAM TO BE REPRESENTED BY ITS BRANCH MANAGER, PIN 787001 2:SRI NIRMAL RAJKHOWA S/O TULSHI RAJKHOWA R/O CHUNGAPARA P.O. AND P.S. PANIGAON DIST. LAKHIMPUR ASSAM. 3:SRI ROHINI BORGOHAIN S/O LATE CHENIRAM BORGOHAIN VILL. BEWALGURI P.S. AND DIST. NORTH LAKHIMPUR ASSAM Advocate for the Petitioner : MR. B GOGOI, MR. K K DUTTA,MR P NAYAK Advocate for the Respondent : , Page No.# 2/4 Linked Case : I.A.(Civil)/3508/2018 MUSTT. RABIJAN BEGUM W/O MD. HATIM ALI R/O VILL. NO. 1 NIMUN LATIMA P.O. AND P.S. GHAGRAPAR DIST. NALBARI ASSAM. VERSUS THE NEW INDIA ASSURANCE CO. LTD. NORTH LAKHIMPUR BRANCH DIST. NORTH LAKHIMPUR ASSAM TO BE REPRESENTED BY ITS BRANCH MANAGER PIN 787001 2:SRI NIRMAL RAJKHOWA S/O TULSHI RAJKHOWA R/O CHUNGAPARA P.O. AND P.S. PANIGAON DIST. LAKHIMPUR ASSAM. 3:SRI ROHINI BORGOHAIN S/O LATE CHENIRAM BORGOHAIN VILL. BEWALGURI P.S. AND DIST. NORTH LAKHIMPUR ASSAM. ------------ Advocate for the applicant(s): Mr. B Gogoi Advocate for the respondent(s): Ms. A Biyani B E F O R E Page No.# 3/4 HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.05.2025 Heard Mr. B Gogoi, the learned counsel appearing on behalf of the applicants. Ms. A Biyani, the learned counsel, who appears on behalf of the respondent No.1. 2. This Court proposes to dispose of the two applications i.e. IA(C)No.3506/2018 and IA(C)No.3508/2018 by this common order. 3. IA(C)No.3508/2018 is an application praying for setting aside the abatement as regards the sole appellant who expired on 01.10.2017. 4. IA(C)No.3506/2018 is an application praying for substitution of the legal heirs of the sole appellant whose names have been provided in paragraph 3 of the application being IA(C)No.3506/2018. 5. This Court had duly taken note of that vide an order dated 01.09.2023, this Court had already condoned the delay in filing the application for setting aside the abatement which is IA(C)No.3505/2018. 6. This Court further takes note of that the right to pursue the accompanying appeal exists with the legal representatives of the sole appellant. Accordingly, this Court sets aside the abatement insofar as the appellant is concerned and further substitutes the legal representatives of the sole appellant, whose names have been duly mentioned in paragraph 3 of IA(C)No.3506/2018 and they are arrayed as Appellant Nos.1.1, 1.2, 1.3 and 1.4 in the accompanying appeal. Page No.# 4/4 7. The learned counsel appearing on behalf of the applicants shall file a fresh memo of parties before the Registry of this Court within 7(seven) days from today and the Registry shall on the basis of the instant order make necessary corrections in the cause-title of the accompanying application being IA(C)No.3507/2018 and MAC Appeal No.876/2018 and update the same in the CIS. 8. The Registry shall thereupon list the appeal under the Order column for consideration of the application for condonation of delay. 9. With the above, both the applications stand disposed of. JUDGE Comparing Assistant