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2026 DAILYLAW 14012 (GAU)

SHRI JAGADISH CH BANIK v. SHRI BHOLA NATH MAZUMDAR

I.A.(Civil)/2419/2026 · 2026-09-08

Mridul Kumar Kalita

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Judgment text

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Page No.# 1/4 GAHC010139672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2419/2026 SHRI JAGADISH CH BANIK S/O SHRI NITYANANDA BANIK, RESIDENT OF SILCHAR ROAD, SRIBHUMI KARIMGANJ TOWN, P.O. KARIMGANJ, DISTRICT SRIBHUMI, ASSAM VERSUS SHRI BHOLA NATH MAZUMDAR S/O LATE PRANONATH MAZUMDAR, RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 2:LEGAL REPRESENTATIVES OF LATE SHRI ASHISH MAZUMDAR A.C. SEN ROAD KARIMGANJ TOWNP.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 2.1:SOMA MAJUMDAR W/O LATE SHRI ASHISH MAZUMDAR RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 2.2:ANUSHKA MAJUMDAR D/O LATE SHRI ASHISH MAZUMDAR RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 2.3:SOUMILI MAJUMDAR D/O LATE SHRI ASHISH MAZUMDAR RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 Page No.# 2/4 3:SHRI UJJAL MAJUMDAR S/O SHRI BHOLA NATH MAZUMDAR RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 4:SHRI BHASKAR DAS S/O LATE REBATI MOHAN DAS RESIDENT OF BONAMALI ROAD SRIBHUMI PO AND DIST SRIBHUMI ASSAM 78871 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. N G KUNDU Advocate for the Respondent : MR. S C KEYAL, In CRP Case No. 329/2013 with CRP Case No. 329/2013 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.09.2026 [1] Heard Mr. M. Hussain, the learned counsel for the applicant. Also Mr. D. Mozumder, the learned counsel for the opposite parties. [2] This application under Order XXII Rule 4 of the Code of Civil Procedure has been preferred by the applicant praying for Page No.# 3/4 substituting the legal heirs of deceased respondent No. 2 in connected C.R.P. No. 329/2013. [3] It is stated that the respondent No. 2, Sri Ashish Mazumdar had died on 22.01.2026, leaving behind three legal heirs, namely, Soma Majumdar, Anushka Majumdar, and Soumili Majumdar. [4] The learned counsel for the applicant further submits that though there was a delay in preferring the instant interlocutory application, however, said delay has been condoned and the abatement of the C.R.P. No. 329/2013 has also been set aside in the connected interlocutory application. He, thus, prays for substituting the legal heirs of deceased respondent No. 2 in his place in the connected C.R.P. No. 329/2013. [5] The prayer is not opposed to by the learned counsel for the opposite party. [6] Hence, this interlocutory application is allowed. [7] The names of Ms. Soma Majumdar, Ms. Anushka Majumdar, and Ms. Soumili Page No.# 4/4 Majumdar shall be substituted as respondent No. 2(i), 2(ii), and 2(iii) respectively in the connected C.R.P. No. 329/2013. [8] The petitioner shall submit the corrected cause title showing the names of the substituted respondent therein in the connected C.R.P. No. 329/2013 before the next date. [9] Let the connected C.R.P. No. 329/2013 be listed after 2(two) weeks. [10] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant