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2025 DAILYLAW 24431 (GAU)

SMTI MRIDULA PATHAK v. SMTI HIMANGINI BALA PATHAK

I.A.(Civil)/3319/2025 · 2025-12-09

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010226842025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3319/2025 SMTI MRIDULA PATHAK W/O LATE MADAN GOPAL PATHAK R/O VILL. PALANGDIHATI, BARPETATOWN, MOUZA- BARPETA, PIN- 781301, WARD NO. 6,P.S. AND DISTRICT- BARPETA, ASSAM 2: SHRI BIPLAB GOPAL PATHAK S/O LATE MADAN GOPAL PATHAK (SINCE MINOR SHE IS REPRESENTED BY HER MOTHER SMTIMRIDULA PATHAK) R/O VILL. PALANGDIHATI BARPETATOWN MOUZA- BARPETA PIN- 781301 WARD NO. 6 P.S. AND DISTRICT- BARPETA ASSAM 3: MISS KARINA PATHAK D/O LATE MADAN GOPAL PATHAK (SINCE MINOR SHE IS REPRESENTED BY HER MOTHER SMTIMRIDULA PATHAK) R/O VILL. PALANGDIHATI BARPETATOWN MOUZA- BARPETA PIN- 781301 WARD NO. 6 P.S. AND DISTRICT- BARPETA ASSA VERSUS SMTI HIMANGINI BALA PATHAK D/O LATE HANGHSA GOPAL PATHAK R/O VILL. PALANGDIHATI, BARPETA TOWN, MOUZA- BARPETA, WARD NO. 6, PIN- 781301P.S. AND DISTRICT- BARPETA, ASSAM 2:SMTI DIMBESWARI BALA PATHAK D/O LATE HANGHSA GOPAL PATHAK R/O VILL. PALANGDIHATI Page No.# 2/3 BARPETA TOWN MOUZA- BARPETA WARD NO. 6 PIN- 781301P.S. AND DISTRICT- BARPETA ASSA Advocate for the Petitioner : MR D K DAS, M PATHAK,MR. T ALI Advocate for the Respondent : , Linked Case : RSA/157/2019 SRI MADAN GOPAL PATHAK S/O- LATE HANGHSA GOPAL PATHAK R/O- VILL.- PALANGDIHATI BARPETA TOWN MAUZA- BARPETA P.S. AND DIST.- BARPETA ASSAM PIN- 781301. VERSUS HIMANGINI BALA PATHAK AND ANR D/O- LATE HANGHSA GOPAL PATHAK R/O- VILL.- PALANGDIHATI BARPETA TOWN MAUZA- BARPETA WARD NO. 6 P.S. AND DIST.- BARPETA ASSAM PIN- 781301. 2:DIMBESWARI BALA PATHAK D/O- LATE HANGHSA GOPAL PATHAK R/O- VILL.- PALANGDIHATI BARPETA TOWN MAUZA- BARPETA WARD NO. 6 P.S. AND DIST.- BARPETA ASSAM PIN- 781301. ------------ Advocate for : MR. D K DAS Advocate for : DR. B AHMED appearing for HIMANGINI BALA PATHAK AND ANR Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.12.2025 Heard Mr. M. Pathak, the learned counsel appearing for the applicant. Also heard Mr. M. Hussain, the learned counsel appearing for the respondents. 2. This application has been filed under Order XXII Rule 3 of the Code of Civil Procedure praying for substitution of the legal heirs of the deceased/appellant in RSA No.157/2019. 3. The Interlocutory Application has been filed within time. 4. Therefore, the prayer is allowed. 5. The name of the legal heirs of the deceased/appellant Madan Gopal Pathak, who died on 13.07.2025, are mentioned in paragraph 4 of the Interlocutory Application No.3319/2025. They shall be substituted in place of the deceased/appellant Madan Gopal Pathak in the connected Regular Second Appeal. 6. Registry shall make the necessary correction in the Title Page of the Regular Second Appeal. With the aforesaid direction, this IA stands disposed of. JUDGE Comparing Assistant