Page No.# 1/3 GAHC010063142024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/971/2024 SRI OM PRAKASH KHOKOLIA and ORS S/O LATE GORDHANDAS KHAKOLIA R/O J.N. ROAD FANCY BAZAR GUWAHATI-781001. 2.1: ON THE DEATH OF SMT. PARBAI DEVI KHAKOLIA HER LEGAL HEIRS SRI AMIT KHAKOLIA S/O LATE PARBATI DEVI KHAKHOLIA AND OM PRAKASH KHAKHOLIA R/O DWARKADHEESH BUILDING A.T. ROAD NEAR RAILWAY GATE NO.5 BHARALUMUKH GUWAHATI 781009 DIST. KAMRUP (METRO) ASSAM. 2.2: SRI ASHISH KHAKHOLIA S/O LATE PARBATI DEVI KHAKHOLIA AND OM PRAKASH KHAKHOLIA R/O HOUSE NO. 09 JAI NARAYAN ROAD FANCY BAZAR GUWAHATI 781001 DIST. KAMRUP (METRO) ASSAM. 2.3: SMT. ARCHANA AGARWAL D/O LATE PARBATI DEVI KHAKHOLIA W/O NIRAJ AGARWAL BINOD AUTO AGENCIES OPPOSITE MAHABIR BHAWAN Page No.# 2/3 A.T. ROAD GUWAHATI 781001 DIST. KAMRUP (METRO) ASSAM. 3: RAJ KUMAR BHARTIA HUF A HINDU UNDIVIDED FAMILY REPRESENTED BY ITS KARTA DR. RAJKUMAR BHARTIA R/O PANBAZAR GUWAHATI DIST. KAMRUP ASSAM. VERSUS MD RAIFUDDIN AHMED @ RICKBABA and ORS G S/O MD. MOHIN AHMED R/O SARUMOTORIA MOHIN AHMED BUILDING DISPUR GUWAHATI 781006 DIST. KAMRUP ASSAM. 2:KANAKESWAR GOGOI S/O SRI BUDHU RAM GOGOI R/O SARUMOTORIA BEHIND DOWN TOWN HOSPITAL GUWAHATI 781006 DIST. KAMRUP ASSAM. ------------ Advocate for : MR. D MOZUMDER Advocate for : MR. P GOHAIN appearing for MD RAIFUDDIN AHMED @ RICKBABA and ORS G BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 25.06.2025 Heard Mr. S. Biswas, learned counsel for the applicants and also heard Mr. Page No.# 3/3 G. Imtiaz, learned counsel for the respondents/opposite parties. 2. This interlocutory application under Order XXII Rule 9 of the Code of Civil Procedure, 1908, is preferred by the applicants for setting aside abatement in respect of the deceased appellant No.2. 3. Mr. Biswas, learned counsel for the applicants submits that during the pendency of the connected RSA No. 6/2015, the appellant No.2, suffered demised on 11.09.2023, and her legal heirs, namely, i) Amit Khakholia, ii) Sri Ashish Khakholia, iii) Smt. Archana Agarwal have already been substituted in RSA No. 6/2015, and as such, there is a requirement for setting aside abatement against the deceased appellant No.2, in the connected RSA No. 6/2015. 4. Mr. Imtiaz, learned counsel for the opposite parties submits that he have no objection in the event of allowing this application. 5. Taking note of the submission of learned counsel for both the parties, and also considering the facts and circumstances of the record, this Court is inclined to set aside the abatement in respect of the appellant No.2, in RSA No. 6/2025. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant