Page No.# 1/5 GAHC010102982026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1741/2026 ON THE DEATH OF SMTI KAMALA DAS KAMALA PRABHA DAS HER LEGAL HEIRS RESIDENT OF HOUSE NO.17 ASHRAM ROAD SOUTH SARANIA BYE LANE-4 ULUBARI GUWAHATI-7 1.1: MALABIKA PATHAK D/O- LATE BHOLANATH DAS RESIDENT OF HOUSE NO.17 ASHRAM ROAD SOUTH SARANIA BYE LANE-4 ULUBARI GUWAHATI-7 1.2: SUSHIL KUMAR DAS S/O-LATE BHOLANATH DAS RESIDENT OF HOUSE NO.385 TETELIA NAMGHAR PATH GUWAHATI-781033 1.3: ARUNIMA SAIKIA D/O- LATE BHOLANATH DAS RESIDENT OF FLAT NO. A 4 2ND FLOOR SONY APARTMENT BARTHAKUR MILL ROAD ULUBARI Page No.# 2/5 GUWAHATI-7 VERSUS ON THE DEATH OF MAINA KALITA HER LEGAL HEIRS ON THE DEATH OF SRI ARUP KALITA HIS LEGAL REPRESENTATIVES/HEIRS 1.1:ON THE DEATH OF SRI ARUP KALITA HIS LEGAL REPRESENTATIVES HEIRS 1.1.1:SMTI MUNMI BARUAH KALITA W/O- LATE OF SRI ARUP KALITA 1.1.2:SRI NILAN KALITA S/O- LATE OF SRI ARUP KALITA IS MINOR AND AS SUCH HE IS REPRESENTED BY HIS MOTHER SMTI MUNMI BARUAH KALITA 1.2:SRI SIMANTA KALITA S/O- LATE MAINA KALITA 1.3:SMTI JURI KALITA DAS W/O- SRI MONOJ DAS 1.4:SRI JOGESH CHANDRA KALITA S/O- LATE SANJAY RAM KALITA ALL ARE RESIDENTS OF VILLAGE- AGCHIYA P.S. PALASHBARI DISTRICT- KAMRUPR ASSAM 2:SMTI JAMUNA KALITA W/O- SRI GIRISH KALITA R/O VILLAGE- MIRZA- JAMARHAT P.S. PALASHBARI DISTRICT- KAMRUPR ASSAM 3.1:LEGAL HEIRS REPRESENTATIVES OF CHARU KALITA I) SRI RATUL KALITA S/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM Page No.# 3/5 3.2:SRI MONOJ KALITA S/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 3.3:SMTI JUNU KALITA D/O- LATE CHARU KALITA R/O VILLAGE- DHARAMPUR KOCHPARA P.S. AZARA DISTRICT- KAMRUPR ASSAM 4:SMTI MINU KALITA W/O- SRI DWIPEN DAS R/O VILLAGE- JALUKBARI LANKESWAR P.S. JALUKBARI DISTRICT- KAMRUPM ASSAM ------------ Advocate for : MR. N HAQUE Advocate for : MS P SARMA appearing for ON THE DEATH OF MAINA KALITA HER LEGAL HEIRS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 03.06.2026 Heard Mr. N. Hoque, learned counsel for the applicant and Ms. P. Sarma, learned counsel appearing for the respondent. 2. This is an application filed under Order XXII Rule 9 of the Code of Civil Procedure seeking setting aside of abatement of the proceedings in respect of the deceased applicant in I.A.(C) No. 1805/2025, I.A.(C) No. 1807/2025 and I.A.(C) No. 1808/2025. Page No.# 4/5 3. It is submitted at the Bar that due to the death of the original applicant, the proceedings in the aforesaid interlocutory applications had abated. It is further submitted that there has been delay in filing the present application for setting aside the abatement, which is liable to be condoned in the interest of justice, as the legal representatives of the deceased applicant have already been brought on record in RSA 301/2014 and the cause title thereof has been duly amended vide order dated 27.04.2026. 4. Heard the learned counsel for the respondent in the matter. 5. Having considered the submissions made and upon perusal of the records, this Court is of the view that sufficient cause has been shown for setting aside the abatement. Further, since the legal representatives of the deceased applicant have already been substituted in RSA 301/2014 and consequential amendment of the cause title has been carried out, no prejudice shall be caused to the respondent if the abatement is set aside in the present interlocutory proceedings. 6. Accordingly, the abatement of the proceedings in I.A.(C) No. 1805/2025, I.A.(C) No. 1807/2025 and I.A.(C) No. 1808/2025, in so far as it relates to the deceased applicant, is hereby set aside. 7. The interlocutory applications shall now proceed in accordance with law with the legal representatives already on record. 8. The application stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant