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2026 DAILYLAW 17164 (GAU)

MUSTT ALEKA BANU AND ORS v. ON THE DEATH OF RAFIQULLAH DEWAN AND ORS

I.A.(Civil)/2902/2025 · 2026-01-08

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010193282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2902/2025 MUSTT ALEKA BANU AND ORS W/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 2: MD. ASHADUL S/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 3: MD. MUKSHADUL S/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 4: MD. JIBAHIL S/O LATE PYAR HUSSAIN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) VERSUS ON THE DEATH OF RAFIQULLAH DEWAN AND ORS HIS LEGAL HEIRS 1.1:DILWAR HUSSAIN DEWAN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 1.2:MUKTAR HUSSAIN DEWAN RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 1.3:MANZILA KHATUN RESIDENT OF RUPOHI TOWN Page No.# 2/3 MOUZA KHATOWAL DIST NAGAON (ASSAM) 1.4:ABEDA KHATUN ALL ARE RESIDENT OF RUPOHI TOWN MOUZA KHATOWAL DIST NAGAON (ASSAM) 782125 2:MUSST. KULSUM BIBI W/O LATE SUBED ALI RESIDENT OF NLIBAGAN DIST NAGAON ASSAM ------------ Advocate for : MR. D MOZUMDER Advocate for : MR A R BHUYAN appearing for ON THE DEATH OF RAFIQULLAH DEWAN AND ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.01.2026 Heard Ms. K. Bharali, learned counsel for the applicants and Mr. N.Z. Choudhury, learned counsel for the opposite party. 2. This interlocutory application, under Order XXII Rule 2 of the CPC, is preferred by the applicants for substitution of the legal heirs of the respondent No. 1, in RSA No. 298/2018. 3. Ms. Bharalli, learned counsel for the applicants submits that the respondent No. 1 suffered demise on 07.07.2025 and as such, their legal heirs are required to be impleaded in his place. 4. The learned counsel for the opposite party submits that he has no objection in the event of allowing this application. 5. Considering the submissions of learned counsel for both the parties and Page No.# 3/3 also considering the facts and circumstances on the record, this interlocutory application stands allowed. 6. Accordingly, it is provided that the names of the legal heirs of the respondent No. 1 be impleaded in the connected appeal. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant