Page No.# 1/3 GAHC010003152012 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4177/2025 ON THE DEATH OF RAMELA KHATUN HER LEGAL HEIRS 1.1: RUKIA BEGUM W/O SHAHIDUL ISLAM RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 1.2: GAFUR ALI S/O RUSTAM ALI RESIDENT OF VILLAGE SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI ASSAM BTR ASSAM 784525 1.3: NURJAHAN BEGUM W/O JULFIKAR ALI RESIDENT OF VILLAGE NO. 2 SINGRIMARI PO AND PS KALAIGAON DIST UDALGURI Page No.# 2/3 BTR ASSAM 784525 1.4: RAHIMA BEGUM (WIDOW) D/O RUSTAM ALI RESIDENT OF SINGRIMARI BAGICHA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 1.5: NAZRUL ALI S/O RUSTAM ALI RESIDENT OF VILLAGE HABIBHANGA PO AND PS KALAIGAON DIST UDALGURI BTR ASSAM 784525 VERSUS LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA S/O LATE RAKHAL CH. SAHA RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM 2:SRI PRADIP KR. SAHA S/O LATE RAKHAL CH. SAHA RESIDENT OF HOWLY TOWN WARD NO. 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM ------------ Advocate for : MD S HUSSAIN Advocate for : MR. A R SIKDAR appearing for LEGAL HEIRS OF TARUBAL SAHA SRI JAGADISH CHANDRA SAHA Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.01.2026 Heard Mr. S. Hussain, learned counsel for the applicant and Mr. A. Hussain, learned counsel for the opposite party. 2. This interlocutory application, under Order XXII Rule 9 of the CPC, is preferred by the applicant for setting aside the abatement in substituting the legal heirs due to death of the appellant No. 5 in RSA No. 22/2012. 3. The learned counsel for the applicant submits that the connected IA for condoning the delay in filing the substitution petition has already been allowed by this Court and as such, the abatement may be set aside. 4. The learned counsel for the opposite party submits that he has no objection in the event of allowing this application. 5. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to allow this application. 6. Accordingly, the abatement in substituting the legal heirs due to death of the appellant No. 5 in RSA No. 22/2012 stands set aside. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant