Page No.# 1/6 GAHC010057162024 2025:GAU-AS:1880 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/951/2024 ON THE DEATH OF SRI RAJIB BANERJEE HIS HIS LEGAL HEIRS SAMAPTI BANERJEE AND ANR W/O LATE RAJIB BANERJEE, RESIDENT OF HOUSE NO. 8, COL. J ALI ROAD, NEAR RAM MANDIR, GATE NO.2, GUWAHATI-781001, KAMRUP(M), ASSAM 2: MS NABAMITA BANERJEE D/O LATE RAJIB BANERJEE RESIDENT OF HOUSE NO. 8 COL. J ALI ROAD NEAR RAM MANDIR GATE NO.2 GUWAHATI-781001 KAMRUP(M) ASSA VERSUS ON THE DEATH OF SRI GHANA BORGOHAIN HIS LEGAL HEIRS NAMELY NILIMA BORGOHAIN AND ORS 1.1:SMTI NILIMA BORGOHAIN W/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 1.2:SRI RANAJYOTI BORGOHAIN S/O LATE GHANA BORGOHAIN Page No.# 2/6 RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 1.3:SRI DHRUBAJYOTI BORGOHAIN S/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 1.4:SRI DIBYAJYOTI BORGOHAIN S/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 1.5:SMTI SHIKHAMONI BORGOHAIN D/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 2.1:ON THE DEATH OF DURGA DAS BANERJEE HIS LEGAL HEIR SRI DEBABRAT BANERJEE S/O LATE DURGA DAS BANERJEE RESIDENT OF DHANLAXMI APARTMENT OPP. JAGARAN ARYA NAGAR GUWAHATI 781008 3:ON THE DEATH OF SIBA PRASAD BANERJEE HIS LEGAL HEIR SRI GAUTAM BANERJEE S/O LATE SIBA PRASAD BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM 4:ON THE DEATH OF SRI JAYANTA BANERJEE Page No.# 3/6 HIS LEGEL HEIRS SMTI LOPA DEY D/O LATE JAYANTA BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSA Advocate for the Petitioner : MR S SANCHETI, MR S SANCHETI,MR. A SANCHETI Advocate for the Respondent : , Linked Case : RSA/105/2023 ON THE DEATH OF SIBA PRASAD BANERJEE HIS LEGAL HEIRS NAMELY APU BANERJEE AND ORS. D/O LATE SIBA PRASAD BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM 2: SMTI DIPU BANERJEE D/O LATE SIBA PRASAD BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM 3: SMTI TUBLU BANERJEE D/O LATE SIBA PRASAD BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM 4: SMTI TOPU BANERJEE D/O LATE SIBA PRASAD BANERJEE RESIDENT OF OPP. POLICE RESERVE Page No.# 4/6 RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM 5: ON THE DEATH OF MADHUSUDAN BANERJEE HIS LEGAL HEIR SRI RAJIB BANERJEE S/O LATE MADHUSUDAN BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM VERSUS ON THE DEATH OF SRI GHANA BORGOHAIN HIS LEGAL HEIRS NAMELY NILIMA BORGOHAIN AND ORS W/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 2:SRI RANAJYOTI BORGOHAIN S/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 3:SRI DHRUBAJYOTI BORGOHAIN S/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 4:SRI DIBYAJYOTI BORGOHAIN S/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM Page No.# 5/6 5:SMTI SHIKHAMONI BORGOHAIN D/O LATE GHANA BORGOHAIN RESIDENT OF LAXMI NAGAR HATIGAON GUWAHATI 781006 DIST KAMRUP M ASSAM 6:ON THE DEATH OF DURGA DAS BANERJEE HIS LEGAL HEIR SRI DEBABRAT BANERJEE S/O LATE DURGA DAS BANERJEE RESIDENT OF DHANLAXMI APARTMENT OPP. JAGARAN ARYA NAGAR GUWAHATI 781008 7:ON THE DEATH OF SIBA PRASAD BANERJEE HIS LEGAL HEIR SRI GAUTAM BANERJEE S/O LATE SIBA PRASAD BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM 8:ON THE DEATH OF SRI JAYANTA BANERJEE HIS LEGEL HEIRS SMTI LOPA DEY D/O LATE JAYANTA BANERJEE RESIDENT OF OPP. POLICE RESERVE RAM MANDIR LANE NEAR RAILWAY GATE NO. 2 PALTAN BAZAR GUWAHATI 781008 KAMRUP M ASSAM ------------ Advocate for : MR. R C SANCHETI Advocate for : appearing for ON THE DEATH OF SRI GHANA BORGOHAIN HIS LEGAL HEIRS NAMELY NILIMA BORGOHAIN AND ORS BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 21.02.2025 Page No.# 6/6 Heard Mr. R.C. Sancheti, learned counsel for the applicant/appellant. This is an application filed under Order XXII Rule 3 of the Code of Civil Procedure for the substitution of the legal heirs of the appellant No.2, namely, Rajib Banerjee, who expired on 16.12.2023. It is submitted by Mr. R.C. Sancheti, learned counsel for the appellant/applicant that during the pendency of the connected Regular Second Appeal, he got the information regarding the death of the appellant no.2 and accordingly, the present interlocutory application has been filed for substituting the names of the legal heirs of the respondent no.2, namely, Rajib Banerjee. He submitted that the deceased respondent no.2 has left his wife and daughter i.e namely, Smti Samapti Banerjee and Ms. Nabamita Banerjee. Considering the entire submission made by the learned counsel for the applicant/appellant, the present interlocutory application stands allowed by allowing the substituting the names of the legal heirs of the appellant no.2, Smti Samapti Banerjee and Ms. Nabamita Banerjee as respondent no. 2.(i) and 2(ii). With the above observation and direction, the present interlocutory application stands disposed of. JUDGE Comparing Assistant