Page No.# 1/8 GAHC010021822026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/481/2026 ON THE DEATH OF APPELLANT NO.1 MD. HARUN RASID LASKAR HIS LEGAL HEIRS 1.1: JAKIR HUSSAIN LASKAR LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/ 2016 1.2: MOMTAZ BEGUM LASKAR LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016 1.3: ANOWAR HUSSAIN LASKAR LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016 1.4: ALTAF HUSSAIN LASKAR LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016 1.5: NAZMUL HUSSAIN LASKAR LEGAL HEIRS OF APPELLANT NO.1 WERE SUBSTITUTED AS PER HONBLE COURTS ORDER DATED 11.01.2017 PASSED IN I.A.(C) NO. 1603/2016 2: MD. NAJIM UDDIN LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 3: MD. KUTUB UDDIN LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013 4: MD. SALIM UDDIN LASKAR Page No.# 2/8 S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 5: MUSSTT. JOYNOB BIBI LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 6: MUSSTT. ANOWARA BEGUM LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 7: MUSSTT. SALAHA BEGUM LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 8: MUSSTT. REJIA BEGUM LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 9: MUSSTT. LUTFA BEGUM LASKAR S/O - LATE HAZI ATAUR RAHMAN LASKAR LEGAL HEIRS OF MOJARAF ALI LASKAR AND AKLIMA BIBI LASKAR (AKLIMA BIBI DIED ON 20.06.2013) 10: MUSSTT. RAMJUN NEHAR W/O LATE OAIJ UDDIN 11: MUSSTT. ABU PABIYAN D/O LATE OAIJ UDDIN 12: MD. BAHAR UDDIN LASKAR S/O LATE MOJOROF ALI LASKAR 13: MUSSTT. ANGURA BEGUM LASKAR D/O LATE MOJOROF ALI LASKAR 14: MUSSTT. RUSHNA BEGUM LASKAR D/O LATE MOJOROF ALI LASKAR 15: MUSSTT. RUKIYA BEGUM LASKAR D/O LATE MOJOROF ALI LASKAR 16: MUSSTT. NAJMA BEGUM LASKAR Page No.# 3/8 D/O LATE MOJOROF ALI LASKAR 17: MD. NAZRUL ISLAM LASKAR S/O AND D/O LATE ABDUL RASHID LASKAR 18: MD. KHALIL UDDIN LASKAR S/O AND D/O LATE ABDUL RASHID LASKAR 19: MD. SOID AHMED LASKAR S/O AND D/O LATE ABDUL RASHID LASKAR 20: MD. GULE AHMED LASKAR S/O AND D/O LATE ABDUL RASHID LASKAR 21: MUSTT. LATIFUL NESSA LASKAR S/O AND D/O LATE ABDUL RASHID LASKAR 22: MUSTT. SARIFUL NESSA LASKAR S/O AND D/O LATE ABDUL RASHID LASKAR 23: ON THE DEATH OF MD. KUTEE MIA HIS LEGAL HEIRS 23.1: REJIA BEGUM MAZUMDER SON 23.2: SAHARUL ISLAM MAZUMDER SON 23.3: SAMSUL ISLAM MAZUMDER SON 23.4: MORIAM BEGUM LASKAR SON 23.5: JAHIRUL ISLAM MAZUMDER SON 24: SURIYA BEGUM DAUGHTER 25: SABIR AHMED SON 26: KABIR AHMED SON 27: SAFINA BEGUM Page No.# 4/8 DAUGHTER 28: SOFIYA BEGUM DAUGHTER 29: SALAH AHMED SON 30: NOOR AHMED SON 31: RUKIYA BEGUM DAUGHTER 32: MD. FATIR ALI S/O AND D/O MUSSA MIA 33: MD. FAKAR UDDIN S/O AND D/O MUSSA MIA 34: MUSSTT. KARIMA BIBI S/O AND D/O MUSSA MIA 35: MUSSTT. HALIMA BIBI APPELLANT NOS.32 TO 35 ARE S/O AND D/O MUSSA MIA APPELLANT NOS. 1 TO 35 ARE R/O NIJVERNERPUR P.O. VERNERPUR P.S. LALA DIST HAILAKANDI ASSA VERSUS LEGAL HEIRS OF LATE KHURSED ALI LASKAR , MD. ABDUL LATIF LASKAR SON 2:MD. ABDUL WAHED LASKAR SON 3:MD. ABDUL MALIK SON 4:MUSSTT. FARHANA BIBI @RAHENA BIBI W/O MD. MUSSA MIA R/O VILL AND P.O. GHARMOORAH Page No.# 5/8 P.S. KATLICHERRA DIST HAILAKANDI ASSAM 5:MUSSTT. FARHAN BIBI W/O MD. HAFIZ KHALIL AHMED R/O VILL MOHAMMEDPUR PART-II P.O. RONGPUR SOUTH P.S. LALA DIST HAILAKANDI ASSAM 6:MUSSTT. NEPURJAN BIBI W/O LATE ABDUL RASID 7:MUSSTT. SIRAJUN NESSA W/O LATE AJMAT ALI 8:MD. IMRUL HUSSAIN SON 9:MD. KHADIM HUSSAIN SON 10:MUSSTT. SALEMA AKTAR DAUGHTER 11:MUSSTT. SAMIMA AKTAR DAUGHTER 12:LEGAL HEIRS OF LATE MUBARAK ALI MUSSTT. JARBUL NESSA WIFE 13:MD. JAMAL UDDIN LASKAR SON 14:MD. JALAL UDDIN LASKAR SON 15:MD. NAIM UDDIN LASKAR SON 16:MD. ANAM UDDIN LASKAR SON 17:MD. AKRAM UDDIN LASKAR Page No.# 6/8 SON 18:MUSSTT. BELUN BEGUM DAUGHTER 19:MUSSTT. ANOWARA BEGUM DAUGHTER 20:MUSSTT. JUBEDA BEGUM DAUGHTER 21:MUSSTT. JILIKA BEGUM DAUGHTER 22:MUSSTT. MALLIKA BEGUM DAUGHTER PROFORMA RESPONDENT NOS. 12 TO 22 ARE R/O NIJVERNERPUR P.O. VERNERPUR P.S. LALA DIST HAILAKANDI ASSA Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA Advocate for the Respondent : MR. N H BARBHUIYA, MR M HUSSAIN BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 08.05.2026 Heard Ms. B. Hazarika, learned counsel for the applicant. Also heard Mr. N. H. Barbhuiya, learned counsel for the respondents. 2. By way of this interlocutory application under Section 5 of the Limitation Act, 1963, the applicant is seeking condoning delay of 1531 days in filing the connected substitution application for substituting the deceased/appellant No. 23 by his legal heirs in RSA No. 57/2016. 3. It appears that during the pendency of the regular first appeal, the Page No.# 7/8 appellant No. 23 died on 09.12.2019, leaving behind his legal heirs, who, the right to sue having been survived, were required to be substituted within 90 days, i.e., on or before 08.03.2020, but the same having not been able to be done in time, the appeal stood abated in respect of the deceased/appellant No. 23 by operation of law after the expiry of 90 days, i.e., after 08.03.2020. Accordingly, the instant interlocutory application for condoning the delay of 1531 days in filing the appropriate application for substituting the deceased/appellant No. 23 by his legal heirs and setting aside abetment is filed. 4. Upon hearing the learned counsel for both the parties and having perused the material available on record, it appears that the grounds for delay read as under: - “4. That the applicants beg to state that there are no negligence and/or latches on the part of the applicant in filing the petitions in time but the delay so occurred is due to communication with the engaged counsel. The applicants when visited the chamber of his engaged counsel on 18.12.2025 to enquire about the status of the appeal, then only during conversation the applicant informed his counsel that the appellant No.23 also died and his name is required to be removed from the case. The engaged counsel informed him about the procedure of substitution of appellant also. The applicant immediately returned to his native place and tried to collect the name and address of the legal heirs of deceased appellant No.8 Thereafter, somehow, he managed to collect the signatures, name and address of the legal heirs of the appellant No.8 within a month. Thereafter the applicant immediately came to Guwahati on 18.01.2026 to fulfil the procedures and thereafter their engaged counsel took some time in preparation of the applications. Therefore, in the interest of justice, this Hon'ble Court may be pleased to allow the substitution after setting aside the abatement and condoning the delay so occurred, in respect of the deceased appellant, otherwise the applicants will suffer irreparable loss and injury.” 5. The aforesaid grounds appears to be sufficient and bonafide. 6. Accordingly, the delay of 1531 days in filing the substitution petition for substitution of the legal heirs of the deceased/appellant No. 23 is hereby Page No.# 8/8 condoned. 7. With the above observation, the instant interlocutory application, stands allowed and disposed of. JUDGE Comparing Assistant