Smti. Fulu Bala Medhi and Ors v. Aikon Medhi and Ors

ORDER Date : 05.09.2024

Heard Mr. S. Banik, the learned counsel appearing on behalf of the Appellants and Mrs. T. Goswami, the learned counsel appearing on behalf of the Respondent Nos. 1, 4, 5 and 6.

¶2It has been brought to the attention of this Court that the Respondent No.2 had expired on 24.10.2017 and the Respondent No.3 had expired on 30.06.2024.

¶3Mr. S. Banik, the learned counsel appearing on behalf of the Appellants submitted that pursuant to the orders passed by this Court, attempts were made on various occasions thereby informing the Appellants to take steps for substitution of the legal heirs of the Respondent No.2. However, none has come forward to do so.

¶4It is seen that the decree which has been passed by the learned First Appellate Court is a joint decree which cannot be severed. Under such circumstances, it is not possible for this Court to proceed with the appeal without the legal representatives of the Respondent No.2 being Page No.# 3/3 brought on record by way of substitution. As already noted in the orders dated 30.05.2024 and 24.06.2024 that attempts were made so that the Appellants would substitute the legal representatives of the Respondent No.2 and the same not being done, this Court therefore closes the instant appeal on the ground that it has abated.

¶5Accordingly, the instant appeal stands abated.

¶6The Registry is directed to forthwith return the LCR to the learned Court below.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010004872009 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oRSA/83/2009o SMTI.oFULUoBALAoMEDHIoandoORSo W/OoSRIoUTSAVoCHANDRAoMEDHI 2:oSRIoMOHANoCHANDRAoMEDHI o 3:oSRIoKAMALoCHANDRAoMEDHI o 4:oSRIoAKANoCHANDRAoMEDHI oAPPELLANToNOS.o2oTOo4oAREoSONSoOFoSRIoUTSAVoCHANDRAoMEDHI oALLoAREoRESIDENTSoOFoDOOMoDOOMAoTOWN oDIST.oDIBRUGARH oASSAMo VERSUSo AIKONoMEDHIoandoORSo W/OoLT.oGIRISHoCHANDRAoMEDHI 2:SRIoKUMUDoMEDHI o 3:SRIoDHRUBAoMEDHI o 4:SRIoBIRENoMEDHI oRESPONDENToNOSo2 o3oANDo4oAREoSONSoOFoLT.oGIRISHoCHANDRAoMEDHI. 5:SRIoKALPANAoMEDHI o 6:SRIoALPANAoMEDHI Page No.# 2/3 RESP0NDENT NOS 5 AND 6 ARE DAUGHTES OF LT. GIRISH CHANDRA MEDHI. ALL THE RESPONDENTS ARE RESIDENTS OF AZAD ROAD POST OFICE- DOOM DOOMA DIST. DIBRUGARH ASSAM For the Petitioner(s) : Mr. S. Banik, Advocate For the Respondent(s) : Mrs. T. Goswami BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH