Page No.# 1/3 GAHC010155552026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2549/2026 TAIYAB ALI S/O LATE ISHA HOQUE MIAH, RESIDENT OF BIDYAPARA, WARD NO. 10, DHUBRI TOWN, P.S. AND DIST. DHUBRI, ASSAM. VERSUS ON THE DEATH OF RESPONDENT NO2 MD FOEZ ALI, HIS LEGAL HEIRS, FARHIN SULTANA, W/O MD. FOEZ ALI, RESIDENT OF BIDYAPARA AFTAB UDDIN ROAD, WARD NO. 10, DHUBRI TOWN P.S. AND DIST. DHUBRI ASSAM. PIN-783324. Advocate for the Petitioner : A RAHMAN, Advocate for the Respondent : MS. R CHOUDHURY, Linked Case : RSA/93/2023 TAIYAB ALI S/O LATE ISHA HOQUE MIAH RESIDENT OF BIDYAPARA WARD NO. 10 DHUBRI TOWN PS AND DIST DHUBRI ASSAM Page No.# 2/3 VERSUS SUBHASH SARMA AND 2 ORS. (BLACKSMITH) S/O LATE DURGA MISTRI SARMA RESIDENT OF NEW MARKET WARD NO. 10 DHUBRI TOWN PS AND DIST DHUBRI ASSAM 2:MD. FOEZ ALI S/O LATE MASAN ALI RESIDENT OF BIDYAPARA AFTAB UDDIN ROAD WARD NO. 1O DHUBRI TOWN PS AND DIST DHUBRI ASSAM 3:MUSSTT. SETARA BEGUM W/O MD. FOEZ ALI D/O NUR HABIB RESIDENT OF BIDYAPARA AFTAB UDDIN ROAD WARD NO. 1O DHUBRI TOWN PS AND DIST DHUBRI ASSAM ------------ Advocate for : MR. A RAHMAN Advocate for : MS. R CHOUDHURY (R-2 3) appearing for SUBHASH SARMA AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.08.2026 Heard Mr. A. Rahman, learned counsel appearing for the appellant. Also heard Ms. S. E. Murtaz, learned counsel appearing for the respondents/opposite Page No.# 3/3 parties. 2. This is an application filed under Order XXII, Rule 4 of the Code of Civil Procedure, 1908 praying for substitution of the legal heirs of the respondent No.2 Md. Foez Ali in RSA No.93/2023. 3. The learned counsel for the respondents/Opposite Parties has submitted that she has no objection if the prayer of the appellants is allowed since the petition has been filed within time. 4. Therefore, the prayer of the appellant is allowed. 5. Late Foez Ali has left behind his daughter, Farhin Sultana. His wife, Musstt. Setara Begum is already on record. Therefore, the name of Farhin Sultana shall be impleaded as respondent No.2 (A) in the cause title of the connected RSA. 6. With the aforesaid directions, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant