Gauhati High Court

I.A.(Civil)/481/2026 of ON THE DEATH OF APPELLANT NO.1 MD. HARUN RASID LASKAR Vs LEGAL HEIRS OF LATE KHURSED ALI LASKAR , MD. ABDUL LATIF LASKAR on 7 May 2026

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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

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

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

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

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

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

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

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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 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 condoned.

7. With the above observation, the instant interlocutory application, stands allowed and disposed of.

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