Page No.# 1/3 GAHC010215032022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3325/2022 ON THE DEATH OF RAICHAND BARARIA HIS LEGAL HEIRS LAXMI BARARIA AND 3 ORS. W/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSAM 2: SHRI KAMAL BARARIA S/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSAM 3: SHRI MUKESH BARARIA S/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSAM 4: PARVIN BARARIA S/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSAM VERSUS Page No.# 2/3 M/S. KISHORILAL VIJAY KUMAR H.U.F. and ANR. REP. BY SMTI. KUSUM MOUR AS KARTA KEDAR ROAD GHY-9 ASSAM 2:SMT. KUSUM MOUR W/O LATE VIJAY KUMAR MOUR R/O KEDAR ROAD GUWAHATI-9 ------------ Advocate for : MR.S P ROY Advocate for : MR. J SARMAH appearing for M/S. KISHORILAL VIJAY KUMAR H.U.F. and ANR. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.04.2025 1. Heard Mr. J. Das, the learned counsel for the applicant. Also heard Mr. J. Sarmah, the learned counsel for the respondent. 2. This Interlocutory Application under Order 22 Rule 9 (2) of the CPC read with Order 22 Rule 3 of the CPC has been filed by the applicants, who are a legal heirs of the deceased petitioner namely, Mr. Raichand Bararia, praying for setting aside the abatement of the CRP No. 36/2017. 3. This application has been filed beyond 38 days of the period of limitation, however, the said delay has been condoned by the order dated 02.04.2025 passed in I.A.(Civil)/3324/2022. 4. The learned counsel for the opposite party has not objected to the prayer for setting aside of the abatement. After considering the grounds mentioned in the petition filed by the applicants for setting aside the abatement of the CRP No. 36/2017 on the death of the petitioner, Mr. Raichand Bararia, the Page No.# 3/3 prayer for setting aside the abatement is hereby allowed and this Interlocutory is accordingly, allowed. JUDGE Comparing Assistant