Page No.# 1/4 GAHC010261602025 2026:GAU-AS:4307 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3943/2025 SMTI BINA DUTTA W/O SRI DIPAK DUTTA R/O GANESH PARA A.K. DEV ROAD NEAR BATHO MANDIR GUWAHATI-781025 VERSUS SMTI MALATI BALA GOGOI W/O LATE PADMA KUMAR GOGOI RESIDENT OF MACHKHOWA A.T. ROAD P.O. P.S. BHARALUMUKH DISTRICT - KAMRUP METRO ASSAM. 2:ON THE DEATH OF SRI BAKUL KUMAR GOGOI HIS LEGAL HEIRS. 2.1:SMTI JITUMONI GOGOI (WIFE) RESIDENT OF HOUSE NO. 7. MACHKHOWA A.T ROAD NEAR USHA BUILDING GUWAHATI 781009 DIST KAMRUP (M) ASSAM 2.2:MS. SIVANI GOGOI (DAUGHTER) RESIDENT OF HOUSE NO. 7. MACHKHOWA A.T ROAD NEAR USHA BUILDING Page No.# 2/4 GUWAHATI 781009 DIST KAMRUP (M) ASSAM 2.3:SRI BIJIT GOGOI (SON) RESIDENT OF HOUSE NO. 7. MACHKHOWA A.T ROAD NEAR USHA BUILDING GUWAHATI 781009 DIST KAMRUP (M) ASSAM 3:SRI PRADIP KUMAR GOGOI S/O LATE PADMA KR. GOGOI RESIDENT OF MACHKHOWA A.T ROAD PO AND PS BHARALUMUKH DIST KAMRUP M ASSAM ------------ Advocate for : MR. A SATTAR Advocate for : MR. R DUBEY appearing for SMTI MALATI BALA GOGOI Linked Case : RSA/91/2017 SMTI BINA DUTTA W/O SRI DIPAK DUTTA R/O GANESH PARA A.K. DEV ROAD NEAR BATHO MANDIR GUWAHATI 781025 VERSUS SMTI MALATI BALA GOGOI and 2 ORS W/O LATE PADMA KUMAR GOGOI 2:ON THE DEATH OF SRI BAKUL KUMAR GOGOI AND HIS LEGAL HEIRS - NAMELY- 2.1:SMTI. JITUMONI GOGOI WIFE OF LATE BAKUL KUMAR GOGOI RESIDENT OF HOUSE NO.7 MACHKHOWA A.T.ROAD NEAR USHA BUILDING GUWAHATI-781009 Page No.# 3/4 DIST. KAMRUP (M) ASSAM. 2.2:MS.SIVANI GOGOI D/O. LATE BAKUL KUMAR GOGOI RESIDENT OF HOUSE NO.7 MACHKHOWA A.T.ROAD NEAR USHA BUILDING GUWAHATI-781009 DIST. KAMRUP (M) ASSAM. 2.3:SRI BIJIT GOGOI S/O. LATE BAKUL KUMAR GOGOI RESIDENT OF HOUSE NO.7 MACHKHOWA A.T.ROAD NEAR USHA BUILDING GUWAHATI-781009 DIST. KAMRUP (M) ASSAM. 3:PRADIP KUMAR GOGOGI NO. 2 and 3 ARE THE SONS OF LATE PADMA KR. GOGOI ALL ARE R/O MACHKHOWA A.T. ROAD P.O. and P.S. BHARALUMUKH DIST. KAMRUP M ASSAM. ------------ Advocate for : MR.A SATTAR Advocate for : MR.A BURAGOHAINR- 1-3 appearing for SMTI MALATI BALA GOGOI and 2 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 25-03-2026 Heard Mr. W. Haque, learned counsel appearing on behalf of Mr. A. Sattar, learned counsel for the applicant. Also heard Mr. R. Dubey, learned counsel Page No.# 4/4 appearing for the respondent. The present interlocutory application has been filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908, praying for setting aside the abatement that has occurred in respect of respondent No. 2 in the connected RSA No. 91/2017. In view of the order dated 27.11.2025 passed in I.A. (Civil) No.933/2025 in RSA No.91/2017, whereby the names of the legal heirs of Late Bakul Kumar Gogoi were impleaded in place of the deceased respondent No.2, the present interlocutory application stands allowed. Accordingly, the abatement that occurred on account of the death of the respondent No. 2 in RSA No.91/2017 is hereby set aside. The applicant shall take necessary steps for substitution of the legal heirs of the deceased respondent in accordance with law. With the above observations and directions, the interlocutory application st ands disposed of. JUDGE Comparing Assistant