Page No.# 1/3 GAHC010238402025 2026:GAU-AS:189 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3791/2025 ON THE DEATH OF PRADIP CHAKRABORTY HIS LEGAL HEIRS ARATI CHAKRABORTY AND 2 ORS WIFE OF LATE PRADIP CHAKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM 2: MISS PUJA CHAKRABORTY DO- LATE PRADIP CHKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM 3: MISS PRIYA CHAKRABORTY DO- LATE PRADIP CHKRABORTY RESIDENT OF PRINCE ROAD SONAI ROAD PS- SILCHAR DISTRICT- CACHAR ASSAM VERSUS SHRI BIPRAJIT CHAKRABORTY SON OF LATE BIDHU BHUSAN CHAKRABORTY RESIDENT OF GUNOMOYEE ROAD TARAPURSILCHAR TOWN PS- SILCHAR DISTRICT- CACHAR ASSAM Page No.# 2/3 ------------ Advocate for : MR. P K ROYCHOUDHURY Advocate for : MR. S K GHOSH appearing for SHRI BIPRAJIT CHAKRABORTY Linked Case : RFA/123/2019 SHRI PRADIP CHAKRABORTY S/O- LATE JADAV CHAKRABORTY PRINCE ROAD SONAI ROAD P.S. SILCHAR DIST.- CACHAR ASSAM. VERSUS SHRI BIPRAJIT CHAKRABORTY S/O- LATE BIDHU BHUSAN CHAKRABORTY GUNOMOYEE ROAD TARAPUR SILCHAR TOWN P.S. SILCHAR DIST.- CACHAR ASSAM PIN- 788001. ------------ Advocate for : MR. P K ROY Advocate for : MR. S K GHOSH appearing for SHRI BIPRAJIT CHAKRABORTY BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.01.2026 Heard Mr. R. Chakraborty, learned counsel for the applicants and Mr. S. K. Ghosh, learned counsel for the opposite party. 2. This interlocutory application, under Order XXII, Rule 9(2), read with Section Page No.# 3/3 151 of the Code of Civil Procedure, is preferred by the applicants for setting aside abatement of the First Appeal, in RFA No. 123/2019. 3. Mr. Chakraborty, learned counsel for the applicants submits that Mr. Pradip Chakraborty, the appellant in RFA No. 123/2019, had suffered demise on 20.10.2024, leaving behind three legal heirs, namely, Ms. Arati Chakraborty, Ms. Puja Chakraborty and Ms. Priya Chakraborty; and after the death of Mr. Pradip Chakraborty, the appeal stands abated and this abatement has to be set aside, as the applicants have filed one application for impleadment of the legal heirs and the same has already been condoned by this Court and as such, there is a requirement for setting aside the First Appeal, in RFA No. 123/2019. 4. Mr. Ghosh, learned counsel for the opposite party submits that he has no objection in the event of allowing this petition. 5. Accordingly, taking note of the submissions of the learned counsel for both the parties, this Court is inclined to allow this application. 6. The abatement of RFA No. 123/2019 stands set aside. 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant