Gauhati High Court

I.A.(Civil)/41/2026 of GULAM HASFIR (PUTUL) Vs ON THE DEATH OF SAHJAHAN AHMED, HIS LEGAL HEIRS AND ORS. on 15 March 2026

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GAHC010266272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/41/2026 GULAM HASFIR (PUTUL) S/O ABDUL HALIM JAMUNAMUKH MOUZA AND P.S. JAMUNAMUKH DIST. NAGAON PIN 782428 NAGAON VERSUS ON THE DEATH OF SAHJAHAN AHMED HIS LEGAL

GAHC010266272025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/41/2026

GULAM HASFIR (PUTUL)

S/O ABDUL HALIM

JAMUNAMUKH

MOUZA AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

NAGAON

VERSUS

ON THE DEATH OF SAHJAHAN AHMED

HIS LEGAL HEIRS AND ORS.

NAMELY

1.1:RINA BEGUM

WIFE

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

1.2:ANOWAR SHAH AHMED

SON

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

1.3:AMIR SHAH AHMED

SON

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

1.4:ABDUL KADIR SHAH AHMED

SON

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

2:ABDULLA AHMED

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

3:AJIULLAH AHMED

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

4:GULAM KIBRIA

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

5:ESUUF AHMED

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

6:ROUSWAN AKHTAR

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

7:MUSSTT. SABINA YASMIN

D/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

8:AHMED MUSLEH

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

9:MEHBUBU ANSARI

S/O LATE HAFIZ ALI ULLAH

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

10:SAMSUZ ZAMAN

S/O LATE AKBAR ZAMAN

R/O JAMUNAMUKH

MOUZA

P.O. AND P.S. JAMUNAMUKH

DIST. NAGAON

PIN 782428

ASSAM.

------------

Advocate for : MS. R CHOUDHURY

Advocate for : G UDDIN appearing for ON THE DEATH OF SAHJAHAN AHMED

HIS LEGAL HEIRS AND ORS.

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

16.03.2026 Heard Ms. S. Asmi, learned counsel for the applicant/appellant. Also heard Ms. P. Adhikari, learned counsel appearing for the respondents. 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. 1 in the connected RSA No. 332/2018. It appears from the materials on record that during the pendency of the connected RSA No. 332/2018, respondent No. 1, Sahjahan Ahmed, expired on 20.05.2021, leaving behind the following legal heirs:

1. Rina Begum – Wife

2. Anowar Shah Ahmed – Son

3. Amir Shah Ahmed – Son

4. Abdul Kadir Shah Ahmed – Son 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 satisfied that the delay in bringing the legal heirs of the deceased respondent on record does not appear to be deliberate or mala fide. Learned counsel for the respondents has also fairly submitted that she 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 respondent No. 1 in RSA No. 332/2018 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 stands disposed of.

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