Page No.# 1/3 GAHC010252012023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3351/2023 HARI PRASAD AGARWALLA AND 3 ORS S/O LATE MEGH RAJ AGARWALLA RESIDENT OF A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM. 2: SMT. BHAGAWATI DEVI DAUGHTER OF LATE MEGH RAJ AGARWALLA RESIDENT OF A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM 3: SMT. CHITRA DEVI DAUGHTER OF LATE MEGH RAJ AGARWALLA RESIDENT OF A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM 4: SMT. NEEMA DEVI DAUGHTER OF LATE MEGH RAJ AGARWALLA RESIDENT OF A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM Page No.# 2/3 VERSUS SMT. DEBIRA RAHMAN and ORS D/O LATE FAIZUR RAHMAN RESIDENT OF A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM 2:SMT. DELILA BEGUM D/O LATE FAIZUR RAHMAN RESIDENT OF A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM 3:ON THE DEATH OF LATE BHAGIRATH KARNANI HIS LEGAL HEIRS SRI MURLIDHAR KARNANI S/O LATE BHAGIRATH KARNANI C/O KARNANI TRADING CO. A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM 4:SRI OM PRAKASH KARNANI S/O LATE BHAGIRATH KARNANI C/O KARNANI TRADING CO. A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM 5:SMTI MANASI AGARWAL W/O SRI SHRI RAJESH AGARWAL C/O KARNANI TRADING CO. A.T. ROAD WARD NO. 4 JORHAT TOWN DIST. JORHAT ASSAM ------------ Advocate for : MR G N SAHEWALLA Page No.# 3/3 Advocate for : appearing for SMT. DEBIRA RAHMAN and ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 16.06.2025 Heard Ms. K. Bhattacharyya, learned counsel for the applicants. Also heard Mr. S. Sancheti, learned counsel for the opposite party Nos. 3(a) and 3(b). 2. This interlocutory application, under Order 22 Rule 9, read with Section 151 of the CPC, is preferred by the applicants for setting aside abatement. 3. Ms. Bhattacharyya, learned counsel for the applicants submits that the applicants were informed about the demise of the respondent No. 3 and his wife on 05.10.2023, and thereafter, an application for condonation of delay was preferred and the same has been condoned today, and as such, there is a requirement for setting aside abatement of the connected RSA No. 159/2010. 4. Mr. Sancheti, learned counsel for the opposite party Nos. 3(a) and 3(b) submits that he has no objection in the event of setting aside abatement of the connected RSA No. 159/2010. 5. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow this application by setting aside abatement of the connected RSA No. 159/2010. 6. In terms of above this I.A. stands disposed of. JUDGE Comparing Assistant