Gauhati High Court
I.A.(Civil)/3943/2025 of SMTI BINA DUTTA Vs SMTI MALATI BALA GOGOI on 24 March 2026
GAHC010261602025 2026:GAU-AS:4307 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3943/2025 SMTI BINA DUTTA W/O SRI DIPAK DUTTA R/O GANESH PARA A.K. DEV ROAD NEAR BATHO MANDIR GUWAHATI-781025 VERSUS SMTI MALATI BALA GOGOI W/O LATE
GAHC010261602025
2026:GAU-AS:4307
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3943/2025
SMTI BINA DUTTA
W/O SRI DIPAK DUTTA R/O GANESH PARA
A.K. DEV ROAD
NEAR BATHO MANDIR
GUWAHATI-781025
VERSUS
SMTI MALATI BALA GOGOI
W/O LATE PADMA KUMAR GOGOI
RESIDENT OF MACHKHOWA
A.T. ROAD
P.O. P.S. BHARALUMUKH
DISTRICT - KAMRUP METRO
ASSAM.
2:ON THE DEATH OF SRI BAKUL KUMAR GOGOI
HIS LEGAL HEIRS.
2.1:SMTI JITUMONI GOGOI
(WIFE)
RESIDENT OF HOUSE NO. 7. MACHKHOWA
A.T ROAD
NEAR USHA BUILDING
GUWAHATI 781009
DIST KAMRUP (M) ASSAM
2.2:MS. SIVANI GOGOI
(DAUGHTER)
RESIDENT OF HOUSE NO. 7. MACHKHOWA
A.T ROAD
NEAR USHA BUILDING
GUWAHATI 781009
DIST KAMRUP (M) ASSAM
2.3:SRI BIJIT GOGOI
(SON)
RESIDENT OF HOUSE NO. 7. MACHKHOWA
A.T ROAD
NEAR USHA BUILDING
GUWAHATI 781009
DIST KAMRUP (M) ASSAM
3:SRI PRADIP KUMAR GOGOI
S/O LATE PADMA KR. GOGOI
RESIDENT OF MACHKHOWA
A.T ROAD
PO AND PS BHARALUMUKH
DIST KAMRUP M ASSAM
------------
Advocate for : MR. A SATTAR
Advocate for : MR. R DUBEY appearing for SMTI MALATI BALA GOGOI
Linked Case : RSA/91/2017
SMTI BINA DUTTA
W/O SRI DIPAK DUTTA
R/O GANESH PARA
A.K. DEV ROAD
NEAR BATHO MANDIR
GUWAHATI 781025
VERSUS
SMTI MALATI BALA GOGOI and 2 ORS
W/O LATE PADMA KUMAR GOGOI
2:ON THE DEATH OF SRI BAKUL KUMAR GOGOI AND HIS LEGAL HEIRS - NAMELY- 2.1:SMTI. JITUMONI GOGOI
WIFE OF LATE BAKUL KUMAR GOGOI
RESIDENT OF HOUSE NO.7
MACHKHOWA
A.T.ROAD
NEAR USHA BUILDING
GUWAHATI-781009
DIST. KAMRUP (M)
ASSAM.
2.2:MS.SIVANI GOGOI
D/O. LATE BAKUL KUMAR GOGOI
RESIDENT OF HOUSE NO.7
MACHKHOWA
A.T.ROAD
NEAR USHA BUILDING
GUWAHATI-781009
DIST. KAMRUP (M)
ASSAM.
2.3:SRI BIJIT GOGOI
S/O. LATE BAKUL KUMAR GOGOI
RESIDENT OF HOUSE NO.7
MACHKHOWA
A.T.ROAD
NEAR USHA BUILDING
GUWAHATI-781009
DIST. KAMRUP (M)
ASSAM.
3:PRADIP KUMAR GOGOGI
NO. 2 and 3 ARE THE SONS OF LATE PADMA KR. GOGOI ALL ARE R/O
MACHKHOWA
A.T. ROAD
P.O. and P.S. BHARALUMUKH
DIST. KAMRUP M
ASSAM.
------------
Advocate for : MR.A SATTAR
Advocate for : MR.A BURAGOHAINR- 1-3 appearing for SMTI MALATI BALA
GOGOI and 2 ORS
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 25-03-2026 Heard Mr. W. Haque, learned counsel appearing on behalf of Mr. A. Sattar, learned counsel for the applicant. Also heard Mr. R. Dubey, learned counsel appearing for the respondent. The present interlocutory application has been filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908, praying for setting aside the abatement that has occurred in respect of respondent No. 2 in the connected RSA No. 91/2017. In view of the order dated 27.11.2025 passed in I.A. (Civil) No.933/2025 in RSA No.91/2017, whereby the names of the legal heirs of Late Bakul Kumar Gogoi were impleaded in place of the deceased respondent No.2, the present interlocutory application stands allowed. Accordingly, the abatement that occurred on account of the death of the respondent No. 2 in RSA No.91/2017 is hereby set aside. The applicant shall take necessary steps for substitution of the legal heirs of the deceased respondent in accordance with law.
With the above observations and directions, the interlocutory application st ands disposed of.
JUDGE Comparing Assistant