Gauhati High Court
I.A.(Civil)/3072/2025 of ON THE DEATH OF SHRI RAJEN GOSWAMI , Vs SRI KANAK CH. DEKA AND ORS on 7 May 2026
GAHC010204742025 2026:GAU-AS:6357 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3072/2025 ON THE DEATH OF SHRI RAJEN GOSWAMI HIS LEGAL HEIRS 1.1: SMTI TARUNI GOSWAMI W/O LATE RAJEN GOSWAMI RESIDENT OF VILLAGE KHARKHOWAPARA PO
GAHC010204742025
2026:GAU-AS:6357
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3072/2025
ON THE DEATH OF SHRI RAJEN GOSWAMI
HIS LEGAL HEIRS
1.1: SMTI TARUNI GOSWAMI
W/O LATE RAJEN GOSWAMI
RESIDENT OF VILLAGE KHARKHOWAPARA
PO DEOMORNOI
MANGALDAI
DIST DARRANG
ASSAM 784147 ASSAM
1.2: SMTI ANANDITA GOSWAMI
D/O LATE RAJEN GOSWAMI
RESIDENT OF VILLAGE KATAHI
PO SANTIPUKHURI
DIST DARRANG
ASSAM
1.3: SMTI PIKUMANI GOSWAMI
D.O LATE RAJEN GOSWAMI
RESIDENT OF BHEBARGHAT NO. 2
BAMUNPARA
MANGALDAI
DIST DARRANG
ASSAM 784125 ASSAM
2: SRI PARESH GOSWAMI
S/O LATE MANIK GOSWAMI
RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
3: SMTI BHARATI GOSWAMI
D/O LATE MANIK GOSWAMI
RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
4: SRI MAHENDRA GOSWAMI
S/O LATE MANIK GOSWAMI
RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
5: SHRI BUDHU GOSWAMI
S/O NARAYAN GOSWAMI
RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
VERSUS
SRI KANAK CH. DEKA AND ORS
S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
2:SRI RANJIT DEKA
S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
3:SRI DANDA DEKA
S/O LATE GANA KOCH AND RESIDENT OF VILLAGE KHARKHOWAPARA
MOUZA SARABARI
PS MANGALDOI
DIST DARRANG
ASSAM
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Advocate for : MR. S P ROY
Advocate for : appearing for SRI KANAK CH. DEKA AND ORS
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 08.05.2026 Heard Mr. J. Das, learned counsel for the applicant.Also heard Mr. D. Mazumdar, learned counsel for the respondent Nos.1 to 4. The present interlocutory application has been filed under Order XXII Rule 9(2) of the CPC read with Order XXI Rule 3 of the CPC for setting aside the abatement against the deceased Appellant No.1. It appears from the materials on record that during the pendency of the connectedRSA No.217/2011, the appellant No.1, RajenGoswami, expired on 30.10.2021, leaving behind the following legal heirs: 1(i).Smti.Taruni Goswami. 1(ii).Smti.Anandita Goswami. 1(iii).Smti.Pikumani Goswami. I have considered the submissions advanced by the learned counsel for the parties and have also perused the materials available on record.
From the explanation furnished in the application, this Court is this Court is satisfied that the delay in bringing the legal heirs of the deceased appellant on record does not appear to be deliberate or mala fide. Learned counsel for the respondents has also fairly submitted that he has no objection to the prayer made in the application. In the circumstances, and upon being satisfied that sufficient cause has been shown, the abatement that occurred on account of the death of the appellant No1 in RSA No.217/2011 is hereby set aside. The applicant shall take necessary steps for substitution of the legal heirs of the deceased appellant in accordance with law. With the above directions, the interlocutory application stands disposed of.
JUDGE Comparing Assistant