Page No.# 1/3 GAHC010005072009 2025:GAU-AS:5559 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/93/2009 MD. AHMED ALI S/O LATE HAZARAT ALI, VILL- NO.1 KUWADONGA, MOUZA- NOWBOICHA, P.S.- NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM. VERSUS MD. SABAR ALI and ORS S/O LATE ZYBED 2:MD. ZAHAR ALI S/O LATE ZYBED 3:MD ABDUL RAHMAN S/O KALIMUDDIN 4:DIMBESWAR SAIKIA S/O LATE KERPAI 5:BIMAN SAIKIA S/O DIMBESWAR 6:KIRAN SAIKIA S/O DIMBESWAR SAIKIA Page No.# 2/3 7:BATAN SAIKIA S/O DIMBESWAR ALL ARE R/O VILL- NO-1 KUWADONGA MOUZA- NOWBOICHA P.S.- NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM Advocate for the Petitioner : F K R AHMED, S ISLAM,A M MAZUMDAR,A CHOUDHURY,A ALI Advocate for the Respondent : MR.P K GOSWAMI, ,,, BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 05.05.2025 Mr A Choudhury, the learned counsel appearing on behalf of the appellant, submits that the respondent No. 1, who was actually in possession over the suit land and for recovery of which, the suit was filed by the appellant, had expired some time in the year 2020. 2. It is also seen that this aspect has been brought to the notice of this Court in the order dated 16.11.2023. 3. Mr A Choudhury further submits that he had duly instructed the appellant to take steps and in that regard, communications were sent on 21.03.2024 and 05.02.2025, but the appellant has not reverted back. He further submits that these communications were duly received by the appellant, as would be apparent from the postal track information. During the course of hearing, he submitted copies of the said communications, which are kept on record and marked as- ‘X’ and ‘Y’. 4. Taking into account that even after opportunities being granted, no steps have been taken, Page No.# 3/3 the instant appeal abates in so far as the respondent No. 1, herein. It is also to be taken note of that as the legal representatives of the respondent No. 1 are actually in possession, as submitted by Mr A Choudhury, the instant appeal abates as a whole, for which the instant appeal stands closed. 5. Send the LCR after 90 days. JUDGE Comparing Assistant