Page No.# 1/4 GAHC010261602025 2026:GAU-AS:4307 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3942/2025 SMTI BINA DUTTA W/O SRI DIPAK DUTTA R/O GANESH PARA, A.K. DEV ROAD,NEAR BATHO MANDIR, GUWAHATI-781025 VERSUS SMTI MALATI BALA GOGOI W/O LATE PADMA KUMAR GOGOI, RESIDENT OF MACHKHOWA, A.T. ROAD,P.O. P.S. BHARALUMUKH,DISTRICT - KAMRUP METRO, ASSAM. 2:ON THE DEATH OF SRI BAKUL KUMAR GOGOI HIS LEGAL HEIRS. 2.1:SMTI JITUMONI GOGOI (WIFE) RESIDENT OF HOUSE NO. 7. MACHKHOWA A.T ROAD NEAR USHA BUILDING GUWAHATI 781009 DIST KAMRUP (M) ASSAM 2.2:MS. SIVANI GOGOI (DAUGHTER) RESIDENT OF HOUSE NO. 7. MACHKHOWA A.T ROAD NEAR USHA BUILDING GUWAHATI 781009 DIST KAMRUP (M) ASSAM 2.3:SRI BIJIT GOGOI Page No.# 2/4 (SON) RESIDENT OF HOUSE NO. 7. MACHKHOWA A.T ROAD NEAR USHA BUILDING GUWAHATI 781009 DIST KAMRUP (M) ASSAM 3:SRI PRADIP KUMAR GOGOI S/O LATE PADMA KR. GOGOI RESIDENT OF MACHKHOWA A.T ROAD PO AND PS BHARALUMUKH DIST KAMRUP M ASSA Advocate for the Petitioner : MR. A SATTAR, Advocate for the Respondent : MR. R DUBEY, Linked Case : RSA/91/2017 SMTI BINA DUTTA W/O SRI DIPAK DUTTA R/O GANESH PARA A.K. DEV ROAD NEAR BATHO MANDIR GUWAHATI 781025 VERSUS SMTI MALATI BALA GOGOI and 2 ORS W/O LATE PADMA KUMAR GOGOI 2:ON THE DEATH OF SRI BAKUL KUMAR GOGOI AND HIS LEGAL HEIRS - NAMELY- 2.1:SMTI. JITUMONI GOGOI WIFE OF LATE BAKUL KUMAR GOGOI RESIDENT OF HOUSE NO.7 MACHKHOWA A.T.ROAD NEAR USHA BUILDING Page No.# 3/4 GUWAHATI-781009 DIST. KAMRUP (M) ASSAM. 2.2:MS.SIVANI GOGOI D/O. LATE BAKUL KUMAR GOGOI RESIDENT OF HOUSE NO.7 MACHKHOWA A.T.ROAD NEAR USHA BUILDING GUWAHATI-781009 DIST. KAMRUP (M) ASSAM. 2.3:SRI BIJIT GOGOI S/O. LATE BAKUL KUMAR GOGOI RESIDENT OF HOUSE NO.7 MACHKHOWA A.T.ROAD NEAR USHA BUILDING GUWAHATI-781009 DIST. KAMRUP (M) ASSAM. 3:PRADIP KUMAR GOGOGI NO. 2 and 3 ARE THE SONS OF LATE PADMA KR. GOGOI ALL ARE R/O MACHKHOWA A.T. ROAD P.O. and P.S. BHARALUMUKH DIST. KAMRUP M ASSAM. ------------ Advocate for : MR.A SATTAR Advocate for : MR.A BURAGOHAINR- 1-3 appearing for SMTI MALATI BALA GOGOI and 2 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 25-03-2026 Heard Mr. W. Haque, learned counsel appearing on behalf of Mr. A. Sattar, Page No.# 4/4 learned counsel for the applicant. Also heard Mr. R. Dubey, learned counsel appearing for the respondent. By way of the present interlocutory application under Section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 976 days in filing the connected application under Order XXII Rule 9 CPC, for setting aside abatement of the appeal in respect of the deceased respondent No.2, namely Sri Bakul Kumar Gogoi, who expired on 25.10.2022. In view of the order dated 27.11.2025 passed in I.A. (Civil) No.933/2025 in RSA No.91/2017, whereby the names of the legal heirs of Late Bakul Kumar Gogoi were impleaded in place of the deceased respondent No.2, the present interlocutory application stands allowed. Accordingly, the delay of 976 days in filing the connected application under Order XXII Rule 9 CPC is condoned. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant