Page No.# 1/3 GAHC010200772004 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/803/2026 NATIONAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI AND A DIVISIONAL OFFICE AT TINSUKIA VERSUS MOHAMMAD NIZAM UDDIN AND ORS S/O LATE ASMA BEGUM . RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM 1.2:MOHAMMAD ANAM UDDIN S/O LATE ASMA BEGUM . RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM 1.3:MOHAMMAD BURHAN UDDIN S/O LATE ASMA BEGUM . RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM Page No.# 2/3 2:MD. ALAUDDIN S/O LATE KHURSID ALI RESIDENT OF A.P.O COLONY PO AND PS MARGHERITA DIST TINSUKIA ASSAM ------------ Advocate for : MR. R K BHATRA Advocate for : MR G N SAHEWALLA appearing for MOHAMMAD NIZAM UDDIN AND ORS In MACApp. Case No. 146/2004 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.03.2026 [1] Heard Ms. A. Biani, the learned counsel for the applicant. Also heard Ms. K. Sarma, the learned counsel for the respondents. [2] This interlocutory application has been filed by the applicant/insurance company praying for setting aside of abatement of the appeal on death of respondent No. 1, namely, Ms. Asma Begum. [3] The learned counsel for the applicant has submitted that the respondent No. 1 had died on 08.10.2022 during the pendency of the connected MACAppeal No. 146/2004. [4] She submits that the applicant came to know about the fact Page No.# 3/3 of the death of respondent No. 1 only on 2nd February, 2026, and as such, it could not take steps for substituting the legal heirs of the deceased respondent in due time and due to which the appeal was abated against the respondent No. 1 due to “operation of law.” [5] The learned counsel for the respondents submits that she does not have any objection if the abatement of appeal against respondent No. 1 is set aside. [6] After considering the submissions made by the learned counsel for the parties and the grounds stated in the instant interlocutory application, the abatement of appeal on death of respondent No. 1 is hereby set aside and this interlocutory application. JUDGE Comparing Assistant