Page No.# 1/2 GAHC010264 242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/3934/2025 HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED HUDCO A FINANCIAL INSTITUTION REGD UNDER THE COMPANIES ACT 1956 HAVING ITS REGD OFFICE AT HUDCO BHAWAN INDIA HABITAT CENTRE LODHI ROAD NEW DELHI- 110003 AND HAVING ITS GUWAHATI ZONAL OFFICE AT HOUSEFED COMPLEX RUKIMINI GAON G S ROAD GUWAHATI- 781022 AND REP. BY THE REGIONAL CHIEF HUDCO GUWAHATI VERSUS ON THE DEATH OF RESPONDENT NO4 SRI ARUN BORAH HIS HEIRS AND LEGAL REPRESENTATIVES NAMELY AMIT BORAH SON OF LATE ARUN BORAH RESIDENT OF BAROWARY GUWAHATI DISTRICT KAMRUP METRO ASSAM ------------ Advocate for : MR G BHARADWAJ Advocate for : appearing for ON THE DEATH OF RESPONDENT NO4 SRI ARUN BORAH HIS HEIRS AND LEGAL REPRESENTATIVES NAMELY AMIT BORAH Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.02.2026 Heard Mr. K. Bhattacharyya, learned counsel for the applicant and Mr. K.R. Bora, learned counsel for the respondent No. 5. Other respondents have been duly served but none appears. This I.A. has been filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908 seeking setting aside abatement of the connected CRP (I.O) 322/2017 in view of the non-substitution of the legal heirs of the deceased/ respondent No. 4 late Arun Borah. As the delay in preferring the connected application has already been condoned in the connected I.A (Civil)/ 3933/2025 and the deceased/ respondent 4 has been duly substituted by his legal heirs by order passed today in I.A (Civil)/ 3932/2025 by this Court. Accordingly, the prayer for setting aside the abatement is allowed. The abatement is set aside. The I.A. stands disposed of. JUDGE Comparing Assistant