Page No.# 1/6 GAHC010219812012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/621/2025 ON THE DEATH OF BIRENDRA KUMAR SAIKIA HIS LEGAL HEIRS PRANATI SAIKIA W/O- LATE BIRENDRA KUMAR SAIKIA R/O- KB ROAD NEAR LIC JORHAT- 785001 ASSAM 2: MRS JUBEE NHAZARIKA D/O LATE BIENDRA KUMAR SAIKIA W/O LATE DAVAJYOTI HAZARIKA B 1104 OBEROI WOODS GOREGAON EAST MUMBAI-400063 MAHARASHTRA 3: MRS JIINI DOGRA D/O LATE BIRENDRA KUMAR SAIKIA E/O MR RAJESH DOGRA 17 PERFECTION AVENEUE STANHOPE GARDENS NSW2768 SYDNEY AUSTRALIA. 4: MRS RADHA SENSOWA D/O LATE BIRENDRA KUMAR SAIKIA W/O LATE K J SENSOWA CHANDAN NAGAR BYE LANE 1 CLUB ROAD Page No.# 2/6 JORHAT-785001 ASSAM VERSUS AJIT CHANDRA BORA S/O- LATE MILARAM BORA R/O- NAOSOLIA GAON MOUZA- CHARAIBAHI PO- RRL DIST- JORHAT ASSAM ------------ Advocate for : Arunangshu Dhar Advocate for : MR C GOSWAMI appearing for AJIT CHANDRA BORA Linked Case : I.A.(Civil)/628/2025 ON THE DEATH OF BIRENDRA KUMAR SAIKIA HIS LEGAL HEIRS PRANATI SAIKIA W/O- LATE BIRENDRA KUMAR SAIKIAR/O- KB ROAD NEAR LIC JORHAT- 785001 ASSAM 2: MRS JUBEE NHAZARIKA D/O LATE BIENDRA KUMAR SAIKIA W/O LATE DAVAJYOTI HAZARIKA B 1104 OBEROI WOODS GOREGAON EAST MUMBAI-400063 MAHARASHTRA 3: MRS JIINI DOGRA D/O LATE BIRENDRA KUMAR SAIKIA E/O MR RAJESH DOGRA 17 PERFECTION AVENEUE STANHOPE GARDENS NSW2768 SYDNEY AUSTRALIA. 4: MRS RADHA SENSOWA Page No.# 3/6 D/O LATE BIRENDRA KUMAR SAIKIA W/O LATE K J SENSOWA CHANDAN NAGAR BYE LANE 1 CLUB ROAD JORHAT-785001 ASSAM VERSUS AJIT CHANDRA BORA W/O- LATE BIRENDRA KUMAR SAIKIAR/O- KB ROAD NEAR LIC JORHAT- 785001 ASSAM ------------ Advocate for : Arunangshu Dhar Advocate for : MR. C GOSWAMI appearing for AJIT CHANDRA BORA Linked Case : I.A.(Civil)/627/2025 ON THE DEATH OF BIRENDRA KUMAR SAIKIA HIS LEGAL HEIRS PRANATI SAIKIA W/O- LATE BIRENDRA KUMAR SAIKIAR/O- KB ROAD NEAR LIC JORHAT- 785001 ASSAM 2: MRS JUBEE NHAZARIKA D/O LATE BIENDRA KUMAR SAIKIA W/O LATE DAVAJYOTI HAZARIKA B 1104 OBEROI WOODS GOREGAON EAST MUMBAI-400063 MAHARASHTRA 3: MRS JIINI DOGRA D/O LATE BIRENDRA KUMAR SAIKIA E/O MR RAJESH DOGRA 17 PERFECTION AVENEUE STANHOPE GARDENS NSW2768 Page No.# 4/6 SYDNEY AUSTRALIA. 4: MRS RADHA SENSOWA D/O LATE BIRENDRA KUMAR SAIKIA W/O LATE K J SENSOWA CHANDAN NAGAR BYE LANE 1 CLUB ROAD JORHAT-785001 ASSAM VERSUS AJIT CHANDRA BORA S/O- LATE MILARAM BORA R/O- NAOSOLIA GAON MOUZA- CHARAIBAHI PO- RRL DIST- JORHAT ASSAM For the Applicant(s) : Mr. A. Dhar, Advocate For the Respondent(s) : Mr. M. K. Sharma, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 17.03.2025 Heard Mr. A. Dhar, the learned counsel appearing on behalf of the applicants and Mr. M. K. Sharma, the learned counsel appearing on behalf of the respondents. 2. By this common order, this Court proposes to dispose of the three applications so filed. 3. I.A.(Civil) No.627/2025 is an application seeking condonation of Page No.# 5/6 delay of 216 days in preferring the application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (for short ‘the Code’) seeking substitution of the appellant as well as the application under Order XXII Rule 9 for setting aside the abatement. 4. I.A. (Civil) No.621/2025 is an application filed under Order XXII Rule 9(2) of the Code for setting aside the abatement and I.A.(Civil) No.628/2025 is an application under Order XXII Rule 3 of the Code for substitution of the appellant. 5. Mr. M. K. Sharma, the learned counsel appearing on behalf of the respondents submits that he has no objections. 6. Considering the above, the delay in filing the application seeking setting aside of the abatement is condoned. Accordingly, I.A.(Civil) No.627/2025 is allowed. 7. Further to that, taking into account that the learned counsel for the respondents does not oppose the application filed under Order XXII Rule 9(2) of the Code, the application being I.A.(Civil) No.621/2025 is also allowed thereby the abatement of the instant appeal insofar as the appellants are concerned is set aside. 8. It is further seen that the appellant in the accompanying appeal is survived by the applicant Nos. 1 to 4. Taking into account that the right to pursue the appeal continues after the death of the appellant, the applicants in I.A.(Civil) No.628/2025 are substituted against the sole appellant. 9. The learned counsel for the appellant is directed to file an amended memo of parties before the Registry of this Court within 3 (three) days Page No.# 6/6 and on the basis thereof, the Registry shall make necessary correction in the cause title as well as update the same in the CIS. 10. All the three Interlocutory Applications stands disposed of. JUDGE Comparing Assistant