Page No.# 1/8 GAHC010196972023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/997/2025 MUSTT MARIZA KHATUN AND 3 OTHERS D/O LATE ELAHI BOSCO W/O MD. ASANULLAH 2: ON THE DEATH OF MUSST. JAMILA KHATUN @ JAMINA KHATUN HER LEGAL HEIRS 2.1: JIABUR RAHMAN ASSAM 3: ON THE DEATH OF AFIA KHATUN HER LEGAL HEIRS 3.1: MS. BENARJEE JAHAN RESIDENT OF VILLAGE KUPTIMARI PO AND PS AND MOUZA BHURAGAON DIST MORIGAON ASSAM 782126 3.2: MS. AHESHA SIDDIKA RESIDENT OF VILLAGE KUPTIMARI PO AND PS AND MOUZA BHURAGAON DIST MORIGAON ASSAM 782126 TO BE REP. BY RES. NO. PET NO. 1 VERSUS MD PIR BOCSO AND 7 OTHERS S/O LATE ABDUL RAHMAN RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON Page No.# 2/8 ASSAM 782126 2:MD. KALIMUDDIN S/O LATE ABDUL RAHMAN RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 3:MD. TAHER ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 4:MD. AYUB ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 5:MD. NAYEB ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 6:MD. SOYED ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 7:MD. NOBI HUSSAIN S/O LATE ABDUL RAHMAN BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 8:ALI HUSSAIN S/O LATE ABDUL RAHMAN BOCSO Page No.# 3/8 RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 Linked Case : I.A.(Civil)/996/2025 MUSTT MARIZA KHATUN AND 3 OTHERS D/O LATE ELAHI BOSCO W/O MD. ASANULLAH 2: ON THE DEATH OF MUSST. JAMILA KHATUN @ JAMINA KHATUN HER LEGAL HEIRS 2.1: JIABUR RAHMAN ASSAM 3: ON THE DEATH OF AFIA KHATUN HER LEGAL HEIRS 3.1: MS. BENARJEE JAHAN RESIDENT OF VILLAGE KUPTIMARI PO AND PS AND MOUZA BHURAGAON DIST MORIGAON ASSAM 782126 3.2: MS. AHESHA SIDDIKA RESIDENT OF VILLAGE KUPTIMARI PO AND PS AND MOUZA BHURAGAON DIST MORIGAON ASSAM 782126 TO BE REP. BY RES. NO. PET NO. 1 VERSUS MD PIR BOCSO AND 7 OTHERS S/O LATE ABDUL RAHMAN RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 2:MD. KALIMUDDIN S/O LATE ABDUL RAHMAN Page No.# 4/8 RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 3:MD. TAHER ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 4:MD. AYUB ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 5:MD. NAYEB ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 6:MD. SOYED ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 7:MD. NOBI HUSSAIN S/O LATE ABDUL RAHMAN BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 8:ALI HUSSAIN S/O LATE ABDUL RAHMAN BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON Page No.# 5/8 ASSAM 782126 Linked Case : I.A.(Civil)/998/2025 MUSTT MARIZA KHATUN ND 3 OTHERS D/O LATE ELAHI BOSCO W/O MD. ASANULLAH 2: ON THE DEATH OF MUSST. JAMILA KHATUN @ JAMINA KHATUN HER LEGAL HEIRS 2.1: JIABUR RAHMAN ASSAM 3: ON THE DEATH OF AFIA KHATUN HER LEGAL HEIRS 3.1: MS. BENARJEE JAHAN RESIDENT OF VILLAGE KUPTIMARI PO AND PS AND MOUZA BHURAGAON DIST MORIGAON ASSAM 782126 3.2: MS. AHESHA SIDDIKA RESIDENT OF VILLAGE KUPTIMARI PO AND PS AND MOUZA BHURAGAON DIST MORIGAON ASSAM 782126 TO BE REP. BY RES. NO. PET NO. 1 VERSUS MD PIR BOCSO AND 7 OTHERS S/O LATE ABDUL RAHMAN RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 2:MD. KALIMUDDIN S/O LATE ABDUL RAHMAN RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 Page No.# 6/8 3:MD. TAHER ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 4:MD. AYUB ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 5:MD. NAYEB ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 6:MD. SOYED ALI S/O LATE KORIM BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 7:MD. NOBI HUSSAIN S/O LATE ABDUL RAHMAN BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 8:ALI HUSSAIN S/O LATE ABDUL RAHMAN BOCSO RESIDENT OF VILLAGE AND PO HAHSORABORI PS BHEHOGURI DIST MORIGAON ASSAM 782126 Page No.# 7/8 For the appellant(s) : Ms. R. Choudhury, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 09.05.2025 All these three applications are taken up together for disposal by this common order. 2. The Appellant No.2 expired on 16.11.2024 and thereupon, these three applications were filed on 19.03.2025 seeking condonation of delay for 33 days in filing an application seeking setting aside the abatement; for substitution of legal representatives of the Appellant No.2 and an application for setting aside the abatement. 3. This Court has duly taken note of that the Appellant No.1 is the daughter of the appellant No.2 and she is also one of the legal representatives. 4. Considering the above, the question of abatement in so far as the Appellant No.2 is concerned does not arise. 5. It is no doubt true that the son of the Appellant No.2 would also be a legal representative, and as such, the application filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (for shot, ‘the Page No.# 8/8 Code’) can be construed to be an application under Order I Rule 10 (2) of the Code. 6. Taking into account that the son of the Appellant No.2 is also a legal representative and accordingly this Court strikes out the name of the Appellant No.2 and impleads Md. Jiabur Rahman as Appellant No.2.1. 7. Accordingly, the three applications stand disposed of by impleading Md. Jiabur Rahman as the Appellant No.2.1. 8. The learned counsel appearing on behalf of the Appellants shall file a fresh Memo of Parties before the Registry of this Court and on the basis thereof, the Registry shall make necessary changes in the cause title and update the same in the CIS. JUDGE Comparing Assistant