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2032 DAILYLAW 2 (GAU)

THE STATE OF ASSAM v. ON THE DEATH OF FAIZUDDIN AHMED, HIS LEGAL HEIRS, BASHIRAN NESSA (WIFE)

I.A.(Civil)/2032/2026 · 2026-07-28

Mridul Kumar Kalita

body2032

Judgment text

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Page No.# 1/3 GAHC010116292026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2032/2026 THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SCRETARY GOVT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI ASSAM 06 2: DISTRICT COMMISSIONER BAKSA DIST BAKSA ASSAM 3: SUPERINTENDENT OF POLICE BAKSA DIST BAKSA ASSAM 4: SUB DIVISIONAL POLICE OFFICER SALBARI DIST BAKSA ASSAM 5: OFFICER IN CHARGE GOBARDHANA POLICE STATION DIST BAKSA ASSAM VERSUS ON THE DEATH OF FAIZUDDIN AHMED HIS LEGAL HEIRS BASHIRAN NESSA (WIFE) RESIDENT OF VILLAGE DHAKUA DIST BARPETA ASSAM 781309 ASSAM Page No.# 2/3 2:SADDAM HUSSAIN SON RESIDENT OF DHAKUA DIST BARPETA ASSAM 781309 ASSAM 3:RAHUL AMIN SON RESIDENT OF DHAKUA DIST BARPETA ASSAM 781309 ASSAM ------------ Advocate for : GA ASSAM Advocate for : MR. SURAJIT DAS appearing for ON THE DEATH OF FAIZUDDIN AHMED HIS LEGAL HEIRS BASHIRAN NESSA (WIFE) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 29.07.2026 1. Heard Mr. D. Nath, the learned Senior Government counsel for the applicant. Also heard Mr. S. Das, the learned counsel for the opposite party. 2. This Interlocutory Application under Order 22 Rule 9 and Rule 11 of the Code of Civil Procedure 1908 has been filed by the applicants praying for setting aside abatement of the appeal on the death of the sole respondent, Faizuddin Ahmed, who expired on 24.11.2025. 3. The delay in preferring the instant Interlocutory Application has already been condoned in the connected I.A.(Civil)/2030/2026. Page No.# 3/3 4. The learned counsel for the opposite party has not opposed to the prayer. 5. Considering the grounds stated in the instant Interlocutory Application, the prayer is allowed and the abatement of appeal against the sole respondent on his death is hereby, set aside. 6. This Interlocutory Application, accordingly, disposed of. JUDGE Comparing Assistant