Page No.# 1/4 GAHC010025132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/428/2025 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 SIVER STUDY MATERIALS, NEAR TUNIA RIVER BRIDGE, BHAWLAGURI , TUNIA MARKET, P.O ANA DISTRICT BONGAIGAON, ASSAM, PIN 783381 VERSUS ALOK KUNDU SRI BINOY SHARMA SON OF LATE GOLAP CHAND SHARMA , RESIDENT OF TUNIAPAR, BONGAIGAON, P.O AND DISTRICT BONGAIGAON, ASSAM Advocate for the Petitioner : MR SIDDHARTH SANCHETI, MR.A SANCHETI,MRS SANCHETI Advocate for the Respondent : MR. B J MUKHERJEE, In Case : RSA/111/2017 USHA DEVI and 11 ORS. W/O LATE RAM AYODHYA BHAGAT 2: KANCHAN BHAGAT Page No.# 2/4 S/O LATE RAM AYODHA BHAGAT BOTH ARE R/O C/O SHIVER STUDY MATERIALS NEAR TUNIA RIVER BRIDGE BHAWLAGURI TUNIA MARKET P.O. NEW BONGAIGAON DIST. BONGAIGAON ASSAM PIN 783381 ON THE DEATH OF RAM PRATAP ROY WHO EXPIRED ON 05-10- 2012 HIS LEGAL HEIRS 3: SMI MACHHIA DEVI 4: JOY KRISHNA ROY 5: JOYLAL ROY 6: JAY PRASAD ROY 7: SHIV PRASAD ROY 8: VAKIR ROY 9: BINAY ROY SL. NO. 3 IS THE WIFE AND SL. NO. 4 TO 9 ARE SONS OF LATE RAM PRATAP ROY ON THE DEATH OF HAREKRISHNA ROY S/O LATE RAM PRATAP ROY HIS LEGAL HEIRS 10: RAJ KUMARI DEVI 11: SANJIDA KUMAR 12: RAJIV KUMAR SL. NO. 10 IS THE WIFE AND 11 and 12 ARE THE SONS OF LATE HAREKRISHNA ROY ALL ARE R/O VILL. RUPNARA YANPUR P.O. KARNAUTI VIA BASUDEVPUR CHANDER P.S. MEHNAR Page No.# 3/4 DIST. VAISHALI BIHAR PIN 844501 VERSUS ALOK KUNDU and ANR. S/O ANIL KUNDU VILL. TUNUAPAR P.O. P.S. and DIST. BONGAIGAON PIN 783380 ASSAM. 2:SAMPATRAJ KOTHARI S/O SRI SOHANLAL KOTHARI R/O BONGAIGAON TOWN P.O. P.S. and DIST. BONGAIGAON ASSAM PIN 783380 ------------ Advocate for : MR.S DEY Advocate for : MR.S S SHARMASr.Adv.R-1 appearing for ALOK KUNDU and ANR. 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’s side. 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. 111/2017. 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, Page No.# 4/4 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 respondents 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. 111/2017 and list the RSA No. 111/2017 for hearing in due course. JUDGE Comparing Assistant