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2026 DAILYLAW 2747 (GAU)

ON THE DEATH OF SMTI KAMALA DAS ALIAS KAMALA PRABHA DAS HER LEGAL REPRESENTATIVES MALABIKA PATHAK v. ON THE DEATH OF SRI ARUP KALITA,

I.A.(Civil)/4051/2025 · 2026-03-22

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 GAHC010274592025 2026:GAU-AS:4207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4051/2025 ON THE DEATH OF SMTI KAMALA DAS ALIAS KAMALA PRABHA DAS HER LEGAL REPRESENTATIVES MALABIKA PATHAK 1.2: SUSHIL KUMAR DAS S/O- LATE BHOLANATH DAS RESIDENT OF HOUSE NO. 385 TETELIA NAMGHAR PATH GUWAHATI-781033 1.3: ARUNIMA SAIKIA D/O- LATE BHOLANATH DAS RESIDENT OF FLAT NO. A 4 2ND FLOOR SONY APARTMENT BARTHAKUR MILL ROAD ULUBARI GUWAHATI- 7. VERSUS ON THE DEATH OF SRI ARUP KALITA HER LEGAL HEIRS/REPRESENTATIVES 1.1.1:SMTI MUNMI BARUAH KALITA W/O- LATE OF SRI ARUP KALITA 1.1.2:1(II) SRI NILAN KALITA S/O- LATE OF SRI ARUP KALITA NO. 1.1II IS MINOR AND AS SUCH HE IS REPRESENTED BY HIS MOTHER SMTI MUNMI BARUAH KALITA Page No.# 2/4 1.2:SRI SIMANTA KALITA S/O- LATE MAINA KALITA 1.3:SMTI JURI KALITA DAS W/O- SRI MONOJ DAS 1.4:SRI JOGESH CHANDRA KALITA S/O- LATE SANJAY RAM KALITA ALL ARE RESIDENTS OF VILLAGE- AGCHIYA P.S. PALASHBARI DISTRICT- KAMRUPR ASSAM 2:SMTI JAMUNA KALITA W/O- SRI GIRISH KALITA R/O VILLAGE- MIRZA- JAMARHAT P.S. PALASHBARI DISTRICT- KAMRUPR ASSAM 3.1:LEGAL HEIRS REPRESENTATIVES OF CHARU KALITA I) SRI RAHUL KALITA S/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 3.2:SRI MONOJ KALITA S/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 3.3:SMTI JUNU KALITA D/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 4:SMTI MINU KALITA Page No.# 3/4 W/O- SRI DWIPEN DAS R/O VILLAGE- JALUKBARI LANKESWAR P.S. JALUKBARI DISTRICT- KAMRUP M ASSAM ------------ Advocate for : MR M HUSSAIN Advocate for : appearing for ON THE DEATH OF SRI ARUP KALITA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23-03-2026 Learned counsel Mr. N. Haque is present for the applicants, who has submitted that the appellant Kamala Das @ Kamala Prabha Das has passed away, leaving behind the legal representatives. 2. Learned counsel Mr. B.K. Sarma for the respondents is present. 3. The applicants (legal heirs) are interested to pursue the connected appeal registered as RSA No. 301/2014 whereas, the other legal heirs are not interested. Thereby, the legal heirs, namely, 1 (a) Malabika Pathak, 1 (b) Sushil Kumar Das, and 1 (c) Arunima Saikia, may be substituted in place of the deceased appellant Kamala Das @ Kamala Prabha Das as appellants No. 1 (a), 1 (b) and 1 (c) in the connected appeal. 4. The learned counsel for the respondents Mr. B.K. Sarma has submitted Page No.# 4/4 that the application is not supported by a legal heir certificate and all the legal heirs are to be impleaded and substituted. 5. I have considered the submissions at the bar with circumspection. I have considered the submissions that the legal heirs, namely, Malabika Pathak, Sushil Kumar Das, and Arunima Saikia, are interested to pursue the appeal and thereby, this I.A. is allowed to substitute the aforementioned legal heirs in place of the deceased appellant Kamala Das @ Kamala Prabha Das. 6. In terms of the above observation, this application is disposed of. JUDGE Comparing Assistant