Page No.# 1/2 GAHC010024582024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/49/2024 KAMAL TIBREWALA S/O- LATE RAM KRISHNA TIBREWALA, R/O- GANESH BUILDING, NEPALIPATTY, P.O. TEZPUR, DIST. SONITPUR, ASSAM VERSUS KRISHNA KUMAR AGARWAL S/O- SRI GAURI SHANKAR AGARWALA, R/O- SANGAM, 2 WOOD STREET, FLAT 2D, PARK STREET, KOLKATA-700016, (REPRESENTED BY HIS ATTORNEY AND YOUNGER BROTHER SRI RAKESH KUMAR AGARWALA, R/O- B.G. ROAD, BISWANATH CHARIALI, P.O. AND P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM For the Petitioner(s) : Ms. K. Bhattacharyya, Advocate For the Respondent(s) : Mr. A. Ganguly, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 21.05.2025 Heard Ms. K. Bhattacharyya, the learned counsel appearing on behalf of the petitioner and Mr. A. Ganguly, the learned counsel appearing on Page No.# 2/2 behalf of the respondent. 2. Ms. K. Bhattacharyya, the learned counsel appearing on behalf of the petitioner submitted that the petitioner had expired and as such, the instant proceedings cannot be continued taking into account that the instant proceedings arises out of an order passed under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 against the petitioner. 3. Taking into account the above, as the order passed against the petitioner was personal to him, the instant proceedings cannot be allowed to further continue upon the death of the petitioner for which the instant proceedings stands closed as it has abated. 4. Interim order passed earlier stands vacated. JUDGE Comparing Assistant