Page No.# 1/3 GAHC010058792025 2025:GAU-AS:11482 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/934/2025 ON THE DEATH OF ROMA MITRA HER LEGAL HEIRS SIPRA MITRA AND ORS D/O- LATE SUSHIL KR. MITRA W/O.- SWAPAN BENERJEE R/O.- SHASTRI ROAD WARD NO.9 P.O. P.S. AND DISTRICT- BONGAIGAON ASSAM. PIN - 783380 2: SIDHARTHA MITRA S/O- LATE SUSHIL KR. MITRA R/O.- SALBARI NORTH BONGAIGAON WARD NO.- 12 P.O. P.S. AND DISTRICT- BONGAIGAON ASSAM. PIN - 783380 3: SUBRATA KR MITRA S/O- LATE SUSHIL KR. MITRA R/O.- SALBARI NORTH BONGAIGAON WARD NO.- 12 P.O. P.S. AND DISTRICT- BONGAIGAON ASSAM. PIN - 783380 4: SONALI GHOSH MITRA D/O- LATE SUSHIL KR. MITRA WO.- SUBRATA GHOSH VO.- SHIBENDRA NARAYAN ROAD WARD NO.- 7 COOCH BEHAR-L P.O. P.S. AND DISTRICT- COOCH BEHAR WEST BENGAL PIN - 735101. VERSUS Page No.# 2/3 JYOSTSHNA DAS WIFE OF SRI KAMAL DAS R/O. NEAR LEELA GAS AGENCY( GODOWN) SALBARI NOFTH BONGAIGAON P.O. AND DISTRICT BONGAIGAON ASSAM. PIN- 783380 ------------ Advocate for : MR. A MOBARAQUE Advocate for : MR S S SHARMA appearing for JYOSTSHNA DAS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27-08-2025 Heard learned counsel Mr. A. Mobaraque for the applicants, who has filed this application under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908 with prayer for setting aside the abatement in respect of the deceased sole appellate Late Roma Mitra, who died on 22.05.2024, who had during her lifetime preferred an appeal being RSA No. 78/2015. 2. Heard learned counsel Mr. H. Buragohain, for the respondent, who has raised no objection. 3. It is submitted that the petition with prayer for condonation of delay in filing the substitution application for substituting the legal heirs, has been filed beyond the period of limitation as the applicants were not aware that they had to file an application for substitution. When they were informed by the lawyer on 05.03.2025, the applicants learnt that they have to file an application for substitution. Page No.# 3/3 4. Considering the submissions at the bar, the abatement of the sole appellate Roma Mitra, who died on 22.05.2024, is hereby set aside. 5. In terms of the above observation, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant