Page No.# 1/5 GAHC010266272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/41/2026 GULAM HASFIR (PUTUL) S/O ABDUL HALIM JAMUNAMUKH MOUZA AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 NAGAON VERSUS ON THE DEATH OF SAHJAHAN AHMED HIS LEGAL HEIRS AND ORS. NAMELY 1.1:RINA BEGUM WIFE R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 1.2:ANOWAR SHAH AHMED SON R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. Page No.# 2/5 1.3:AMIR SHAH AHMED SON R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 1.4:ABDUL KADIR SHAH AHMED SON R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 2:ABDULLA AHMED S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 3:AJIULLAH AHMED S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 4:GULAM KIBRIA S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 5:ESUUF AHMED S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH Page No.# 3/5 MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 6:ROUSWAN AKHTAR S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 7:MUSSTT. SABINA YASMIN D/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 8:AHMED MUSLEH S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 9:MEHBUBU ANSARI S/O LATE HAFIZ ALI ULLAH R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 ASSAM. 10:SAMSUZ ZAMAN S/O LATE AKBAR ZAMAN R/O JAMUNAMUKH MOUZA P.O. AND P.S. JAMUNAMUKH Page No.# 4/5 DIST. NAGAON PIN 782428 ASSAM. ------------ Advocate for : MS. R CHOUDHURY Advocate for : G UDDIN appearing for ON THE DEATH OF SAHJAHAN AHMED HIS LEGAL HEIRS AND ORS. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 16.03.2026 Heard Ms. S. Asmi, learned counsel for the applicant/appellant. Also heard Ms. P. Adhikari, learned counsel appearing for the respondents. The present interlocutory application has been filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908, praying for setting aside the abatement that has occurred in respect of respondent No. 1 in the connected RSA No. 332/2018. It appears from the materials on record that during the pendency of the connected RSA No. 332/2018, respondent No. 1, Sahjahan Ahmed, expired on 20.05.2021, leaving behind the following legal heirs: 1. Rina Begum – Wife 2. Anowar Shah Ahmed – Son 3. Amir Shah Ahmed – Son 4. Abdul Kadir Shah Ahmed – Son I have considered the submissions advanced by the learned counsel for the parties and have also perused the materials available on record. From the explanation furnished in the application, this Court is satisfied Page No.# 5/5 that the delay in bringing the legal heirs of the deceased respondent on record does not appear to be deliberate or mala fide. Learned counsel for the respondents has also fairly submitted that she has no objection to the prayer made in the application. In the circumstances, and upon being satisfied that sufficient cause has been shown, the abatement that occurred on account of the death of respondent No. 1 in RSA No. 332/2018 is hereby set aside. The applicant shall take necessary steps for substitution of the legal heirs of the deceased respondent in accordance with law. With the above observations and directions, the interlocutory application stands disposed of. JUDGE Comparing Assistant