Page No.# 1/6 GAHC010138782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. I.A.(Civil)/771/2025 MD MOZIBUR RAHMAN AND 2 ORS S/O LATE AKBAR ALI 2: MD. MOKIBUL RAHMAN S/O LATE AKBAR ALI RESIDENT OF ADABARI PART II PO CHAGALCHARA DIST DHUBRI ASSAM 3: MUSSTT. TARANI BIBI W/O LATE AKBAR ALI RESIDENT OF ADABARI PART II PO CHAGALCHARA DIST DHUBRI ASSAM VERSUS ON THE DEATH OF ANAY ALI HIS LEGAL HEIRS 2:ATIQUE HOQUE S/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI Page No.# 2/6 ASSAM 3:ATOWAR RAHMAN S/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 4:AMINA BEGUM D/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 5:SAMINA KHATUN D/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 6:MD. MUNOWAR HUSSAIN S/O LATE PANEYUDDIN RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 7:MD. SONOWAR HUSSAIN S/O LATE PANEYUDDIN RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM ------------ Advocate for : SAGAKPAM ARAVIND SINGH Advocate for : MR A ISLAM appearing for ON THE DEATH OF ANAY ALI Page No.# 3/6 In RSA/136/2024 MD MOZIBUR RAHMAN AND 2 ORS S/O LATE AKBAR ALI, RESIDENT OF ADABARI PART II, PO CHAGALCHARA, DIST DHUBRI, ASSAM 2: MD. MOKIBUL RAHMAN S/O LATE AKBAR ALI RESIDENT OF ADABARI PART II PO CHAGALCHARA DIST DHUBRI ASSAM 3: MUSSTT. TARANI BIBI W/O LATE AKBAR ALI RESIDENT OF ADABARI PART II PO CHAGALCHARA DIST DHUBRI ASSA VERSUS ON THE DEATH OF LT ANAY ALI HIS LEGAL HEIRS ANOWARA BIBI AND ORS W/O LATE ANAY ALI, RESIDENT OF ADABARI PART II, PO CHAGOLCHARA, DIST DHUBRI, ASSAM 2:ATIQUE HOQUE S/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 3:ATOWAR RAHMAN S/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA Page No.# 4/6 DIST DHUBRI ASSAM 4:AMINA BEGUM D/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 5:SAMINA KHATUN D/O LATE ANAY ALI RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 6:MD. MUNOWAR HUSSAIN S/O LATE PANEYUDDIN RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSAM 7:MD. SONOWAR HUSSAIN S/O LATE PANEYUDDIN RESIDENT OF ADABARI PART II PO CHAGOLCHARA DIST DHUBRI ASSA Advocate for the Petitioner : MR. R K BHUYAN, MR. R DAS,MR. S A SINGH,MR. M KASHYAP,MR A ZAMAN Advocate for the Respondent : MR A ISLAM, Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.04.2025 1. Heard Mr. R.K. Bhuyan, the learned counsel for the applicants. Also heard Mr. A. Islam, the learned counsel appearing for the respondents. 2. This application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 has been filed by the applicants praying for substituting the legal heirs of the respondent No. 2(a), namely, Md. Manowar Hussain, who has expired on 06.12.2024. 3. The learned counsel for the applicants submits that the respondent No. 2(a) died leaving behind his wife, Bahiran Bibi and son Abdul Barik and Abdul Baten and daughter Mohetab Begum and daughter Majeda Begum as his legal heirs. 4. The learned counsel for the respondents though raises no objection on the prayer for substitution, however he submits that as the sons and daughters of the deceased Md. Manowar Hussain are minor, they have to be represented by their natural guardian, who in this case is the wife of the deceased, i.e., Bahiran Bibi. 5. Considering the submissions made by the learned counsel for both the sides, the prayer for substitution is allowed. 6. The name of Bahiran Bibi may be substituted as respondent No. 2(a)(i) and she may also be allowed to represent the other minor legal heirs of the deceased Md. Manowar Hussain. 7. The names of sons and daughters of the deceased Md. Manowar Page No.# 6/6 Hussain, namely, Abdul Barik, Mohetab Begum, Abdul Baten and Majeda Begum may also be substituted as respondent No. 2(a)(ii) and 2(a)(v) and they shall be represented by their natural guardian, i.e. Musst. Bahiran Bibi. 8. This Interlocutory Application is accordingly allowed. 9. The Registry to make necessary substitution in the cause title of the memo of appeal of RSA No. 136/2024 and thereafter, list the same for orders. 10. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant