Page No.# 1/3 GAHC010017802025 2026:GAU-AS:2207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1113/2025 KHUKAN BHOWMIK AND 2 ORS. S/O LATE SHANKAR BHOWMIK VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON PIN-788116 2: MUNINDRA BHOWMIK S/O LATE SHANKAR BHOWMIK VILLAGE GERJAIPAM PS KACHUA DISTRICT NAGAON PIN 788116 3: SMTI MAYA RANI BHOWMIK W/O LATE SHANKAR BHOWMIK VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON PIN-788116 VERSUS KESHAB DHAR AND ANR S/O LATE BHAGAWAN DHAR VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON PIN-788116 2:CHARAN DHAR S/O LATE BHAGAWAN DHAR VILL- GERJAIPAM P.S.- KACHUA Page No.# 2/3 DIST- NAGAON PIN-788116 ------------ Advocate for : MR G SARMA Advocate for : appearing for KESHAB DHAR AND ANR BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 16.02.2026 Heard Mr. G. Sarma, learned counsel for the applicants. Also heard Ms. S. Roy, learned counsel for the opposite parties. 2. This application, under Order 22 Rule 9(2) of the CPC, read with Section 151 of the CPC, is preferred by the applicants for setting aside abatement against the deceased appellant No. 2, namely, Munindra Bhowmik, in RSA No. 4/2010, as he suffered demise on 21.03.2019. 3. Mr. Sarma, learned counsel for the applicants submits that the appellant No. 2, namely, Munindra Bhowmik in RSA No. 4/2010, suffered demise on 21.03.2019, and on such count, the RSA No. 4/2010, against the said appellant stood abated and that this abatement is required to be set aside as the legal representatives of the said appellant are required to be substituted. 4. Ms. Roy, learned counsel for the opposite parties submits that she has no objection in the event of allowing this application. 5. Considering the submissions of learned counsel for both the parties, this Court is inclined to allow this application. 6. Accordingly, the abatement against the deceased appellant No. 2, namely, Munindra Bhowmik, in RSA No. 4/2010, stands set aside. Page No.# 3/3 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant