Page No.# 1/3 GAHC010200772004 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/804/2026 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 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 2:MD. ALAUDDIN Page No.# 2/3 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 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.03.2026 1. Heard Ms. A. Biyani the learned counsel for the applicant. Also heard Ms. K. Sharma, the learned counsel for the respondents. 1. This application has been filed by the applicant/National Insurance Company Limited for setting aside the abatement of appeal against the respondent No. 1 on her expiry. 2. There was a delay for filing the instant Interlocutory Application, however, the said delay has been condoned in the connected Interlocutory Application No. 1050/2026. 2. The learned counsel for the respondent has not objected to the prayer for setting aside the abatement of appeal. 3. I have considered the grounds stated in the instant Interlocutory Application praying for setting aside the abatement of appeal. 4. The said grounds are found to be sufficient grounds as well as Page No.# 3/3 beyond the control of the present applicant. 5. The abatement of appeal on death of the respondent No. 1- Asma Begum on 08.10.2022, by operation of law, is hereby set aside. 6. The instant Interlocutory Application, is accordingly disposed of. JUDGE Comparing Assistant