Page No.# 1/4 GAHC010038452024 2025:GAU-AS:5577 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/493/2025 REJIA BEGUM D/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 2: PIYARA BEGUM D/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 3: MONI BEGUM D/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 4: BABY BEGUM D/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 5: ABDUL MUKHIT S/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR Page No.# 2/4 PS. AND DISTRICT KARIMGANJ ASSAM 6: ABDUL MUHIT S/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 7: MINU MIA D/O LATE PAKHI MIA R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM VERSUS MUSTT BEGUM BIBI W/O LATE ABDUL RAJAK R/O VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 2:SIRAJUL ISLAM S/O ABDUL RAJAK R/O RAJAK VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 3:SOKOI MIA S/O ABDUL RAJAK R/O RAJAK VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 4:AKOI MIA S/O ABDUL RAJAK R/O RAJAK VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 5:ABDUL ZABBAR S/O ABDUL RAJAK Page No.# 3/4 R/O RAJAK VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 6:MUHIBUR RAHMAN ALIAS MOYNA MIA S/O ABDUL RAJAK R/O RAJAK VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM 7:AMIR UDDIN S/O ABDUL RAJAK R/O RAJAK VILLAGE MONOSANGON P.O. RAKESH NAGAR PS. AND DISTRICT KARIMGANJ ASSAM ------------ Advocate for : SHIRAJUL ISLAM KHAN Advocate for : appearing for MUSTT BEGUM BIBI BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.05.2025 1. Learned counsel Mr. A.K Talukdar is present for the applicants (1) Tairun Nesa Khatun, (2) Rejia Begum, (3) Piyara Begum, (4) Moni Begum, (5) Baby Begum, (6) Abdul Mukhit, (7) Abdul Muhit and (8) Minu Mia who have filed who have filed this application under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 908 days in filing the application for setting aside the automatic abatement of the suit/appeal against the respondents/their legal heirs due to the death of plaintiffs No. 2 Sirajul Islam and 4. Akoi Mia. 2. Heard learned counsel Mr. T Roy for the respondents (2) Sirajul Islam, (3) Sokoi Mia, (4) Akoi Mia, (5) Abdul Zabbar, and (6) Muhibur Rahman @ Moyna Mia who has raised no objection. Page No.# 4/4 3. It is submitted at the bar that the plaintiff No. 2 & 4 passed away in the year 2020 but the information was received by their learned counsel in the month of December 2023. There has been no intentional delay and negligence on the part of the applicants and sufficient grounds have also been shown. Therefore, I deem it appropriate to condone the delay of 908 days. Delay is hereby condoned in filing the connected application for setting aside the automatic abatement. 4. In terms of the above observations, this Interlocutory Application stands disposed of. 5. The cause title to be amended, in respect of the substituted legal heirs of plaintiff No. 2. Sirajul Islam and 4. Akoi Mia. JUDGE Comparing Assistant