Page No.# 1/3 GAHC010028342023 2025:GAU-AS:11503 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/581/2023 ON THE DEATH OF PRADIP HAZARIKA HIS LEGAL HEIRS 1.1: MRS. RINKY ROY HAZARIKA W/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM 1.2: RISHAL HAZARIKA S/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM 1.3: MISS RIPSY HAZARIKA D/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM VERSUS ROMEN DAS AND 2 ORS. S/O LATE PRAFULLA DAS R/O VILL-BILOTIA NEGHIRITING P.S.-DERGAON DIST-GOLAGHAT-785703 ASSAM (DRIVER OF THE CAR NO AS-03-D-5342) Page No.# 2/3 2:PANKAJ DAS S/O LATE PRAFULLA DAS R/O VILL-BILOTIA NEGHERITING P.S.-DERGAON DIST-GOLAGHAT-785703 ASSAM (OWNER OF CAR NO-AS-03-D-5342) 3:THE REGIONALA MANAGER ORIENTAL INSURANCE CO. LTD. G.S. ROAD ULUBARI GUWAHATI-781007 DIST-KAMRUP (M) ASSAM (INSURER OF CAR NO. AS-03-D-5342) ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. R C PAUL appearing for ROMEN DAS AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 27.08.2025 Heard Mr. C. M. Mahanta, learned counsel for the applicant. Also heard Mr. Iranglube, learned counsel appearing on behalf of Mr. R. C. Paul, learned counsel for the respondent No.3. By filing this application under Order XXII Rule 9 read with Section 151 of the Code of Civil Procedure, the applicant has prayed for setting aside the abatement by condoning the delay of 869 days. Mr. Mahanta, learned counsel for the applicant, submits that during the pendency of MAC Appeal No. 28/2017, the applicant, Lt. Pradip Hazarika, passed away on 21.03.2018, due to which the said appeal remained pending. The deceased applicant has left behind the following legal heirs Page No.# 3/3 i. Mrs. Rinky Roy Hazarika (wife); ii. Sri Rishal Hazarika (son); and iii. Ms. Ripsy Hazarika (daughter). He further prayed for setting aside the abatement by condoning the delay, to which Mr. Iranglube, learned counsel appearing on behalf of respondent No. 3/Insurance Company, has raised no objection. In view of above and considering the explanations provided in the paragraph 5 of the application, the abatement in respect of appeal is hereby set aside. The Interlocutory Application stands disposed of in terms above. JUDGE Comparing Assistant