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2025 DAILYLAW 26193 (GAU)

ON THE DEATH OF SHRI SURESH MALOO, v. NAKUL CHOUDHURY AND 4 ORS.

I.A.(Civil)/3728/2025 · 2025-12-16

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/5 GAHC010255002025 2025:GAU-AS:17596 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3728/2025 ON THE DEATH OF SHRI SURESH MALOO, HIS LEGAL HEIRS 2: SMTI GANGA DEVI MALOO MOTHER OF SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON ASSAM. 3: SMTI SHASHI MALOO WIFE OF SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON ASSAM. 4: SMTI SHRUTI SIROHIYA DAUGHTER OF SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON ASSAM. 5: SMTI SURABHI KABRA DAUGHTER OF SURESH MALOO RESIDENT OF MAIN ROAD WARD NO. 4 BONGAIGAON ASSAM Page No.# 2/5 VERSUS NAKUL CHOUDHURY AND 4 ORS. S/O- LATE BALORAM CHOUDHURY, R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR), BONGAIGAON MAIN ROAD, P.O,P.S AND DIST- BONGAIGAON, ASSAM 2:MUKUL CHOUDHURY S/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 3:MALAYA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 4:SABITA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 5:SATHI CHOUDHURY W/O- LATE NANI GOPAL CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSA Advocate for the Petitioner : MR. D MOZUMDER, MS. D DEVI,MR. S BISWAS Advocate for the Respondent : MR. B J MUKHERJEE, MS R SAHA Page No.# 3/5 In Case : CRP/44/2019 SURESH MALOO S/O- LATE SATYA NARAYAN MALOO R/O- MAIN ROAD WARD NO.4 BONGAIGAON DIST- BONGAIGAON VERSUS NAKUL CHOUDHURY AND 4 ORS. S/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 2:MUKUL CHOUDHURY S/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 3:MALAYA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM 4:SABITA CHOUDHURY D/O- LATE BALORAM CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM Page No.# 4/5 5:SATHI CHOUDHURY W/O- LATE NANI GOPAL CHOUDHURY R/O- BONGAIGAON DAILY BAZAAR (BORO BAZAAR) BONGAIGAON MAIN ROAD P.O P.S AND DIST- BONGAIGAON ASSAM ------------ Advocate for : MR. D MOZUMDER Advocate for : MR S S SHARMA appearing for NAKUL CHOUDHURY AND 4 ORS. With CRP Case No. 44/2019 CAVT. No. 0110/2019 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.12.2025 1. Heard Ms. D. Devi, the learned counsel for the applicants/petitioner. Also heard Ms. R. Saha, the learned counsel for all the respondents. 2. This application under Order XXII Rule 2 of the Code of Civil Procedure, 1908 has been filed by the legal heirs of the deceased petitioner praying for substituting their names in place of the deceased petitioner. 3. The learned counsel for the applicant/petitioner has submitted that the petitioner, namely, Suresh Maloo had expired on 29.08.2025 leaving behind the present applicants as his legal representatives. She further submits that the instant application for substituting the legal representatives of Page No.# 5/5 the deceased petitioner has been made within the prescribed period of limitation. Hence, she prays that the application may be allowed. 4. The learned counsel for the respondents does not have any objection against the prayer made by the applicants. 5. In view of the submissions made by the learned counsel for the petitioner as well as the averments made in the instant interlocutory application, the prayer for substitution is allowed. 6. The names of (i) Smti. Ganga Devi Maloo, (ii) Smti. Shashi Maloo, (iii) Smti. Shruti Sirohiya and (iv) Smti. Surabhi Kabra be substituted in the cause-title of the connected CRP No. 44/2019 as the petitioner No. 1(i),1(ii),1(iii) and 1(iv). 7. The petitioner shall submit an amended cause-title showing the names of substituted petitioners as applicant’s hereinabove before the next date fixed. 8. The Registry is directed to list the connected civil revision petition again on 06th February, 2026. 9. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant