Page No.# 1/2 GAHC010025132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/596/2025 ON THE DEATH OF APPLICANT NO 1 USHA DEVI WIFE OF LATE RAM AYODHYA BHAGAT HER LEGAL HEIRS SHRI KANCHAN BHAGAT SON OF LATE RAM AYODHYA BHAGAT C/O SHIVER STUDY MATERIALS NEAR TUNIA RIVER BRIDGE BHAWLAGURI TUNIA MARKET P.O AND DISTRICT BONGAIGAON ASSAM PIN 783381 VERSUS AJOY KUMAR KUNDU S/O ANIL KUNDU RESIDENT OF TUNIAPAR BONGAIGAON P.O AND DISTRICT BONGAIGAON ASSAM ------------ Advocate for : MR. R C SANCHETI Advocate for : MR. B J MUKHERJEE appearing for AJOY KUMAR KUNDU In RSA Case No. 112/2017 Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.04.2025 1. Heard Mr. A. Sancheti, the learned counsel for the applicants. Also heard Mr. H. Buragohain, the learned counsel appearing for the respondent. 2. This Interlocutory Application has been filed by the applicants under Order 1 Rule 10(2) of the Code of Civil Procedure read with Section 151 of the said Code for striking out the name of the appellant No. 1 from the memo of appeal in RSA No. 112/2017. 3. The learned counsel for the applicants has submitted that since the appellant No. 2 is the sole legal heirs of the appellant No. 1, Smti Usha Devi, who has expired on 07.11.2016 and since the sole legal heirs is himself, an appellant in this case, as appellant No. 2, the case against appellant No. 1 would otherwise abate. Hence, the name of Smti Usha Devi may be strike out. 4. The learned counsel appearing for the respondent does not oppose the prayer of the applicants. 5. This Interlocutory Application is accordingly allowed and the Registry is directed to strike out the name of the appellant No.1, Smti Usha Devi from the memo of appeal in RSA No. 112/2017 and list the RSA No. 112/2017 for hearing in due course. JUDGE Comparing Assistant