Page No.# 1/2 GAHC010027042017 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/259/2026 AMIR ALI S/O RAJAN ALI VERSUS ON THE DEATH OF LATE MUSTT NURUBI BIBI HER LEGAL HEIR ASAB UDDIN D/O LATE ARJAN ALI W/O EKLAS ALI VILL. SWASTAGRAM P.O. UMARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM 788806 ------------ Advocate for : BANDANA HAZARIKA Advocate for : appearing for ON THE DEATH OF LATE MUSTT NURUBI BIBI HER LEGAL HEIR ASAB UDDIN BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.02.2026 Heard Ms. R. Choudhury, learned counsel for the applicants and Mr. S.R. Barbhuiya, learned counsel, appearing on behalf of Mr. M.H. Rajbarbhuiyan learned counsel for the respondent No. 2.3,4, 5 as well as Mr. S. Das, learned Page No.# 2/2 Addl. Senior Govt. Advocate, Assam appearing for the respondent Nos. 6, 7 and 8. This is an application under Order XXII Rule 9 of the Code of Civil Procedure, 1908 praying for setting aside the abatement of respondent No.1 in FAO No. 35/2017. As the delay in preferring the connected appeal is condoned vide order dated 11.02.2026 in IA (Civil) 258/ 2026, the abatement is set aside. The petition for setting aside of abatement is allowed. The IA stands disposed of. JUDGE Comparing Assistant