On the Death of Mahibul Hussain His Legal Heirs Rashan Ara Begum v. Abdul Gani,

ORDER

20.09.2024

Heard Mr. B. Baruah, learned counsel for the applicant. Page No.# 2/2

¶2This interlocutory application, under Order XXII Rule 9, read with Section 151 of the CPC, is preferred by the applicant for setting aside abatement of the connected appeal.

¶3Mr. Baruah, learned counsel for the applicant submits that the connected interlocutory application for condonation of delay in substitution petition has already been allowed by this Court and as such, the abatement may be set aside.

¶4Having considered the submissions of learned counsel for the applicant, this Court is inclined to allow this application. Accordingly, the abatement of the connected appeal stands set aside.

¶5In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010040272022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. :I.A.(Civil)/958/2022 ON THE DEATH OF MAHIBUL HUSSAIN HIS LEGAL HEIRS RASHAN ARA BEGUM W/O LATE MAHIBUL HUSSAIN R/O BARBARI GAON JYOTINAGAR GABHARUPATHAR WARD PO JALANNAGAR PS AND DIST. DIBRUGARH ASSAM PIN-786005 VERSUS ABDUL GANI S/O LATE ABDUL GAFAR R/O BARBARI GAON JYOTINAGAR GABHARUPATHAR WARD DIBRUGARH TOWN MOUZA PS AND DIST. DIBRUGARH ASSAM PIN-786005 ------------ Advocate for : MR. B BARUAH Advocate for : appearing for ABDUL GANI BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN