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2026 DAILYLAW 5890 (GAU)

ON THE DEATH OF SHRI RAJEN GOSWAMI , v. SRI KANAK CH. DEKA AND ORS

I.A.(Civil)/3070/2025 · 2026-05-07

Kaushik Goswami

body2026

Judgment text

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Page No.# 1/4 GAHC010204742025 2026:GAU-AS:6357 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3070/2025 ON THE DEATH OF SHRI RAJEN GOSWAMI HIS LEGAL HEIRS 1.1: SMTI TARUNI GOSWAMI W/O LATE RAJEN GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA PO DEOMORNOI MANGALDAI DIST DARRANG ASSAM 784147 ASSAM 1.2: SMTI ANANDITA GOSWAMI D/O LATE RAJEN GOSWAMI RESIDENT OF VILLAGE KATAHI PO SANTIPUKHURI DIST DARRANG ASSAM 1.3: SMTI PIKUMANI GOSWAMI D.O LATE RAJEN GOSWAMI RESIDENT OF BHEBARGHAT NO. 2 BAMUNPARA MANGALDAI DIST DARRANG ASSAM 784125 ASSAM 2: SRI PARESH GOSWAMI S/O LATE MANIK GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI Page No.# 2/4 DIST DARRANG ASSAM 3: SMTI BHARATI GOSWAMI D/O LATE MANIK GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM 4: SRI MAHENDRA GOSWAMI S/O LATE MANIK GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM 5: SHRI BUDHU GOSWAMI S/O NARAYAN GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM VERSUS SRI KANAK CH. DEKA AND ORS S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM 2:SRI RANJIT DEKA S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG ASSAM 3:SRI DANDA DEKA S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA MOUZA SARABARI PS MANGALDOI DIST DARRANG Page No.# 3/4 ASSAM ------------ Advocate for : MR. S P ROY Advocate for : MR. S C BISWAS appearing for SRI KANAK CH. DEKA AND ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 08.05.2026 Heard Mr. J. Das, learned counsel for the applicant.Also heard Mr. D. Mazumdar, learned counsel for the respondent Nos.1 to 4. The present interlocutory application has been filed under Order XXII Rule 4 of the CPC read with Section 151 of the Code of Civil Procedure, 1908, seeking substitution of legal heirs of the deceased appellant No.1 in connection with RSA No.217/2011. It appears from the materials placed on record that during the pendency of the connected RSA No.217/2011, the appellant No.1, Rajen Goswami, expired on 30.10.2021, leaving behind the following legal heirs: 1(i).Smti. Taruni Goswami. 1(ii).Smti. Anandita Goswami. 1(iii).Smti. Pikumani Goswami. Since the aforesaid persons are stated to be legal representatives of the deceased appellant No.1 and their presence is necessary for the just and proper Page No.# 4/4 adjudication of the appeal, this Court finds sufficient grounds to allow the prayer for substitution. Accordingly, the application stands allowed. The following persons shall be substituted in place of the deceased appellant No.1, RajenGoswami: 1(i).Smti. Taruni Goswami. 1(ii).Smti. Anandita Goswami. 1(iii).Smti. Pikumani Goswami. The applicant shall file an amended cause title before the Registry within the prescribed time for carrying out the necessary corrections. With the above directions, the interlocutory application stands disposed of. JUDGE Comparing Assistant