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2026 DAILYLAW 1498 (GAU)

SRI AKHIL BHATTACHARYA v. SRI SHIVA PRASAD BHATTACHARYA AND ORS

I.A.(Civil)/2733/2025 · 2026-03-24

Susmita Phukan Khaund

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Judgment text

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Page No.# 1/8 GAHC010174812025 2026:GAU-AS:4311 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2733/2025 SRI AKHIL BHATTACHARYA SON OF LATE GOPAL BHATTACHARYA, RESIDENT OF VILLAGE GAMERIMURI (OJAPARA), POST OFFICE- KAITHALKUCHI, POLICE STATION-BELSOR, DISTRICT- NALBARI, ASSAM. VERSUS SRI SHIVA PRASAD BHATTACHARYA AND ORS SON OF LATE ARUN BHATTACHARYA, RESIDENT OF VILLAGE JOARDI, RESIDENT OF VILLAGE JOARDI, P.O KAITHALKUCHI, P.S. BELSOR, DISTRICT NALBARI 2:SRI KESHAB BHATTACHARYA S/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 3:SMTI BHARATI DEVI D/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM C/O SRI KESHAB CHANDRA BHATTACHARYA S/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM Page No.# 2/8 4:SMTI ARATI DEVI D/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM C/O SRI KESHAB CHANDRA BHATTACHARYA S/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 5:SMTI REBATI DEVI D/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM C/O SRI KESHAB CHANDRA BHATTACHARYA S/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 6:SMTI MONOMATI DEVI D/O LATE PADMAPANI BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM C/O SRI KESHAB CHANDRA BHATTACHARYA S/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 7:SMTI SARALA DEVI D/O LATE PADMAPANI BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM C/O SRI KESHAB CHANDRA BHATTACHARYA S/O LATE GOPAL BHATTACHARYA Page No.# 3/8 RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 8:SMTI DIPANJALI BHATTACHARYA D/O LATE PADMAPANI BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM C/O SRI KESHAB CHANDRA BHATTACHARYA S/O LATE GOPAL BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 9:SMTI KUNJA DEVI D/O SHIVA PRASAD BHATTACHARYA ESIDENT OF VILLAGE JOARDI RESIDENT OF VILLAGE JOARDI PO KAITHALKUCHI PS BELOR DIST NALBARI ASSAM 10:SMTI ANU DEVI D/O SHIVA PRASAD BHATTACHARYA ESIDENT OF VILLAGE JOARDI RESIDENT OF VILLAGE JOARDI PO KAITHALKUCHI PS BELOR DIST NALBARI ASSAM 11:SMTI JAYA DEVI D/O SHIVA PRASAD BHATTACHARYA ESIDENT OF VILLAGE JOARDI RESIDENT OF VILLAGE JOARDI PO KAITHALKUCHI PS BELOR DIST NALBARI ASSAM Page No.# 4/8 12:SMTI MINATI DEVI D/O SHIVA PRASAD BHATTACHARYA ESIDENT OF VILLAGE JOARDI RESIDENT OF VILLAGE JOARDI PO KAITHALKUCHI PS BELOR DIST NALBARI ASSAM 13:SMTI PRANITA DEVI D/O SHIVA PRASAD BHATTACHARYA ESIDENT OF VILLAGE JOARDI RESIDENT OF VILLAGE JOARDI PO KAITHALKUCHI PS BELOR DIST NALBARI ASSAM 14:SMTI JUTI DEVI D/O SHIVA PRASAD BHATTACHARYA ESIDENT OF VILLAGE JOARDI RESIDENT OF VILLAGE JOARDI PO KAITHALKUCHI PS BELOR DIST NALBARI ASSAM 15:SRI DIPAK BHATTACHARYA S/O LATE DINESH BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 16:SMTI ANJU DEVI D/O LATE DINESH BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI PS BELSOR DIST NALBARI ASSAM 17:SRI JAYDEV SARMA S/O LATE DAMAYANTI DEVI RESIDENT OF VILLAGE AND PO BISTUPUR DIST NALBARI Page No.# 5/8 ASSAM RES. 15 16 17 ARE UNDER THE CARE OF SRI MUKUL MISHRA S/O LATE JAY MISHRA RESIDING OVER THE SUIT LAND AT VILLAGE JOWARDI PO KAITHALKUCHI DIST NALBARI ASSAM 18:SMTI. HIRAN DEVI D/O LATE DAMAYANTI BHATTACHARYA C/O PRAFULLA SARMA RESIDENT OF VILLAGE PANIGAON PO PANIGAON DIST NALBARI ASSAM 19:SRI MUKUL MISHRA S/O LATE JAY MISHRA RESIDING AT VILLAGE JOWARDI PO KAITHALKUCHI DIST NALBARI ASSAM 20:SRI GIRISH BHATTACHARYA S/O LATE PADMAPANI BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI(OJAPARA) PO KAITHALKUCHI DIST NALBARI ASSAM 21:SRI UMESH BHARRACHARYA S/O LATE PADMAPANI BHATTACHARYA RESIDENT OF VILLAGE GAMERIMURI(OJAPARA) PO KAITHALKUCHI DIST NALBARI ASSAM 22.1:ON THE DEATH OF ORIGINAL PLAINTIFF NO. 2 NAMELY LATE RAMESH BHATTA HIS LEGAL HEIR NAMELY PAMINI DEVI W/O LATE RAMESH BHATTA RESIDENT OF VILLAGE GAMERIMURI (OJAPARA) PO KAITHALKUCHI DIST NALBARI ASSAM PRESENT ADDRESS NEAR ROYAL PLACE Page No.# 6/8 SHREEMATA SANKAR NAGAR PATHARQUARY MAGZINE NO. 76 NAMGHAR PATH PO UDAY BIHAR DIST KAMRUP M ASSAM 781171 22.2:RANJITA DEVI D/O LATE RAMESH BHATTA PRESENT ADDRESS NEAR ROYAL PLACE SHREEMATA SANKAR NAGAR PATHARQUARY MAGZINE NO. 76 NAMGHAR PATH PO UDAY BIHAR DIST KAMRUP M ASSAM 781171 22.3:GITANJALI DEVI D/O LATE RAMESH BHATTA PRESENT ADDRESS NEAR ROYAL PLACE SHREEMATA SANKAR NAGAR PATHARQUARY MAGZINE NO. 76 NAMGHAR PATH PO UDAY BIHAR DIST KAMRUP M ASSAM 781171 22.4:SASANKA BHATTACHARYA S/O LATE RAMESH BHATTA PRESENT ADDRESS NEAR ROYAL PLACE SHREEMATA SANKAR NAGAR PATHARQUARY MAGZINE NO. 76 NAMGHAR PATH PO UDAY BIHAR DIST KAMRUP M ASSAM 781171 22.5:MANOJ BHATTACHARYA S/O LATE RAMESH BHATTA PRESENT ADDRESS NEAR ROYAL PLACE SHREEMATA SANKAR NAGAR PATHARQUARY MAGZINE NO. 76 NAMGHAR PATH Page No.# 7/8 PO UDAY BIHAR DIST KAMRUP M ASSAM 78117 Advocate for the Petitioner : MR. D GOSWAMI, MR K BARMAN,MR S AFRIDI Advocate for the Respondent : MR A BHUYAN, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25-03-2026 Heard learned counsel Mr. S. Afridi for the applicants/appellants, who has filed this application for correction of the address of the respondents No. 22(ii) to 22(v) in view of the order dated 30.09.2024 passed by this Court in connection with RSA No. 5/2024, more particularly, Annexure-1 of this application. 2. Learned counsel Mr. A. Bhuyan appears for respondents No. 1, 9, 10, 11, 12, 13 and 14. 3. Notices have been issued to the other respondents. 4. Office note dated 09.01.2026 indicates that notices in this interlocutory application have also been served to respondents No. 22(ii) to 22(v) in the new address, but the respondents are not represented today. 5. Learned counsel for the respondents, Mr. A. Bhuyan has no objection. 6. Considering the submissions at the bar and considering all aspects, this application is allowed and the new addresses may be allowed to be incorporated after deleting the earlier addresses mentioned in the appeal memo. Page No.# 8/8 7. The present address of the respondents No. 22(ii) to 22(v) mentioned as “Near Royal Place, Shreemanta Sankar Nagar, Patharquary, Magzine No. 76, Namghar Path, P.O.-Uday Bihar, Dist – Kamrup (M), PIN – 781171, Ph – 9394067470” is allowed to be typed and replaced in place of the earlier address given in the appeal memo. 8. In terms of the above observation, this application stands disposed. 9. An amended appeal memo is to be filed in RSA No. 5/2024. JUDGE Comparing Assistant