Page No.# 1/3 GAHC010139672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2421/2026 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 Page No.# 2/3 D/O LATE SHRI ASHISH MAZUMDAR RESIDENT OF A.C. SEN ROAD KARIMGANJ TOWN P.O. SRIBHUMI KARIMGANJ DISTRICT SRIBHUMI ASSAM 788710 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 788710 ------------ Advocate for : MR. P K ROYCHOUDHURY Advocate for : MR. S C KEYAL appearing for SHRI BHOLA NATH MAZUMDAR In 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 respondent. [2] This application under Order XXII Rule 9 of the Code of Civil Procedure, 1908 has been preferred by the applicant praying for setting aside of abatement of connected Page No.# 3/3 C.R.P. No. 329/2013 on death of respondent No. 2, namely, Sri Ashish Mazumdar on 22.01.2026. [3] The learned counsel for the respondent has not opposed the prayer made by the applicant. [4] After considering the grounds stated in the instant interlocutory application, as well as considering the submission from the learned counsel for both sides, this interlocutory application is allowed and abatement of C.R.P. No. 329/2013 against respondent No. 2, on his death, is hereby set aside and this interlocutory application is allowed. JUDGE Comparing Assistant