Page No.# 1/4 GAHC010013262026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/183/2026 MUSTT HASNA ARA BEGUM W/O MD. MIR HUSSAIN, R/O HEM BARUAH ROAD, FANCY BAZAR, GUWAHATI-781001 VERSUS ON THE DEATH OF GULENARA BEGUM HER LEGAL HEIRS PAMELA BEGUM W/O LATE NIZAMUDDIN AHMED, R/O MACHKHOWA, T.R. PHOOKAN ROAD, GUWAHATI-9 1.1:PAMELA BEGUM D/O LATE GULENARA BEGUM R/O-T R PHUKAN ROAD MACHKHOWA P/S BHARALAMUKH GUWAHATI-781009 1.2:REBAKA BEGUM@PUTULI D/O LATE GULENARA BEGUM R/O-T R PHUKAN ROAD MACHKHOWA P/S BHARALAMUKH GUWAHATI-781009 1.3:SALIM AHMED @ SEKU S/O LATE GULENARA BEGUM R/O-T R PHUKAN ROAD MACHKHOWA P/S BHARALAMUKH GUWAHATI-781009 1.4:MUNNA AHMED S/O LATE GULENARA BEGUM Page No.# 2/4 R/O-T R PHUKAN ROAD MACHKHOWA P/S BHARALAMUKH GUWAHATI-781009 1.5:ON THE DEATH OF HAZERA BEGUM HER LEGAL HEIRS 1.5.1:KADRUL ISLAM SON RESIDENT OF HOUSE NO. 67 P D CHALIHA ROAD SILPUKHURI GUWAHATI 781003 DIST KAMRUP M ASSAM 1.5.2:FARHANA YESMIN DAUGHTER RESIDENT OF WARD NO. 3 NEAR HARIJAN COLONY MANGALDAI TOWN PO MANGALDOI DIST DARRANG ASSAM 784125 1.6:ABUL AHMED S/O LATE GULENARA BEGUM R/O-T R PHUKAN ROAD MACHKHOWA P/S BHARALAMUKH GUWAHATI-781009 1.7:SABINA BEGUM D/O LATE GULENARA BEGUM R/O-SANTIPUR MASZID GOLI GUWAHATI-781009 1.8:ON THE DEATH OF RAFEL AHMED HIS LEGAL HEIRS NAMELY- BOTH ARE RESIDENT OF T.R PHUKAN ROAD MACHKHOWA P.S BHARALUMUKH GUWAHATI PIN 781009 1.8.1:(a) ARIFA BEGUM (MUNMUN) WIFE OF LATE RAFEL AHMED Page No.# 3/4 1.8.2:(b) RAHUL AHMED SON OF LATE RAFEL AHMED 1.9:SAHNAJ BEGUM D/O LATE GULENARA BEGUM R/O-A T ROAD MALIGOAN NEAR SWAGAT HOSPITAL GUWAHATI-781012 1.10:PARVEEN BEGUM D/O LATE GULENARA BEGUM R/O-SANTIPUR NEAR BHARALU SLUICE GATE 1.11:NAZIYA HASAN D/O LATE GULENARA BEGUM R/O-DHIRENPARA TILLA NEAR DHIRENPARA MASZID GUWAHATI-781025 ASSA Advocate for the Petitioner : MR Z MUKIT, MR.A SATTAR Advocate for the Respondent : MS. R CHOUDHURY, MR.B D DEKA,MR T H HAZARIKA ( R- 1.9, I.5,1.11, 1.2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.02.2026 1. Heard Mr. W. Hoque, learned counsel for the appellant. Also heard Mr. M. Chetia, learned counsel appearing for the legal heirs of the deceased respondent Nos. 1.5 as well as Mr. M. Das, learned counsel for the respondent Nos. 1.1, 1.3, 1.4, 1.6, 1.7, 1.8, 1.8(a), 1.8(b) and 1.10. 2. This application under Section 22 Rule 4 of this Code of Civil Procedure, 1908, has been filed by the applicant/appellant in connection with the connected Test. Appeal No. 2/2010 praying for allowing the appellant to Page No.# 4/4 substitute the legal heirs of respondent No. 1.5, namely, Hazera Begum, who had expired on 03.12.2025. 3. The learned counsel for the applicant has submitted that the present application for substitution of legal heirs has been made within the prescribed period of limitation. 4. The learned counsel for the respondents also have not opposed the prayer for substitution, hence, the said prayer is allowed. 5. Accordingly, names of legal heirs of deceased respondent No. 1.5, namely, (1) Kadrul Islam (2) Farhana Yesmin are allowed to be substituted in the connected testamentary appeal in place of deceased respondent No. 1.5 as respondent Nos. 1.5 (a) and 1.5 (b). 6. The applicant shall file the corrected cause-title of the memo of appeal in the connected testamentary appeal within a period of one week from the date of this order. 7. List the testamentary appeal again on 23rd of March, 2026. 8. This interlocutory application is accordingly disposed. JUDGE Comparing Assistant