Page No.# 1/3 GAHC010214722024 2025:GAU-AS:13897 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4083/2024 SMTI PREMI DEMTA W/O LATE ABINASH CHRISTIAN D/O LATE SILAS CHRISTIAN PIN 786156 2: ELIAZAR BHENGRA R/O UDALGURI GAON P.O. RANGCHANGI P.S. TENGAKHAT DIST. DIBRUGARH ASSAM PIN 786156 VERSUS LEGAL HEISR OF RAMJI SHAH LABA KUMAR SHAH and ORS A 1.1:SRI LABA KUMAR SHAH S/O LATE RAMJI KUMAR SHAH R/O UDLAGURI GAON P.O RANGCHANGI PS. TENGAKHAT DISTRICT DIBRUGARH PIN 786103 ASSSAM 1.2:SRI ASHOK KUMAR SHAH S/O LATE RAMJI KUMAR SHAH R/O UDLAGURI GAON P.O RANGCHANGI PS. TENGAKHAT Page No.# 2/3 DISTRICT DIBRUGARH PIN 786103 ASSSAM 2:THE STATE OF ASSAM REPRESENTED BY THE DEPUTY COMMISSIONER DIST. DIBRUGARH ASSAM PIN 786156 3:THE CIRCLE OFFICER CHABUA REVENUE CIRCLE CHABUA DIST. DIBRUGARH ASSAM PIN 786156 4:GENERAL MANAGER OIL INDIA LTD. DULIAJAN DIST. DIBRUGARH ASSAM PIN 786156 ------------ Advocate for : MR. B K BHAGAWATI Advocate for : appearing for LEGAL HEISR OF RAMJI SHAH In RSA Case No. 66/2018 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.10.2025 1. Heard Mr. B.K. Bhuyan, the learned counsel for the applicants. Also heard Md. A. Rahman, the learned counsel for the respondent No. 1 as well as Mr. N. Sarania, the learned counsel on behalf of Mr. A. Sarma for the respondent No. 4 as well as Mr. T.R. Gogoi, the learned counsel for the respondent Nos. 2 and 3. 2. This application under Order 22 Rule 9 of the Code of Civil Procedure, Page No.# 3/3 1908 has been filed by the applicants praying for setting aside abatement of the connected RSA No. 66/2018 on the death of the respondent No. 1 on 05.02.2022. 3. Though there was a delay in filing the instant application, the said delay has been condoned by this Court, by order dated 16.10.2025, passed in I.A.(Civil) No. 4082/2025. The applicant has shown the cause for setting aside of the abatement in the application filed by the applicants. 4. The prayer is not opposed by the learned counsel for the respondent’s side. 5. Hence, same is allowed 6. Accordingly, the abatement of an appeal on the death of the respondent No. 1 is hereby set aside and the application is allowed. 7. This Interlocutory Application (Civil) is accordingly disposed of. JUDGE Comparing Assistant