Yaagam Bogo v. Desso Bogo

ORDER Date : 21.08.2024

Heard Ms. D. Tamuk, learned counsel for the applicant. Also heard Mr. A. Dalbong, learned counsel for the opposite party.

¶2This application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 has been filed by Shri Yaagam Bogo for substitution of his name as appellant in place of his deceased father in SAO (C) No. 01(AP)2020.

¶3The learned counsel for the applicant has submitted that the father of the present applicant, namely Late Tumya Bogo had filed the SAO (C) No. 01(AP)2020 under XLIII Rule 1(u) of the Code of Civil Procedure, 1908, impugning the judgment and order dated 18.02.2020 passed by the learned District Judge, West Siang District, Aalo in Title Appeal No. 02/2019 in Page No.# 3/3 connection with Title Suit No. 07/2017.

¶3The learned counsel for the applicant has submitted that during pendency of the aforementioned second appeal, the father of the present applicant who was the sole appellant had passed away on 14.01.2023 after prolonged illness and as the present applicant is the sole legal heir of the appellant Late Tumya Bogo and is interested in continuing the aforesaid second appeal, it is prayed that his name may be substituted as sole appellant in place of his deceased father.

¶4The learned counsel for the respondent does not object to the prayer.

¶5Hence, the prayer is allowed.

¶6The name of the applicant Shri Yaagam Bogo be substituted as appellant in place of the deceased appellant, namely, Late Tumya Bogo in SAO (C) No. 01(AP)2020.

¶7This interlocutory application is accordingly, allowed.

¶8The Registry to do the necessary substitution the SAO (C) No. 01(AP)2020 and thereafter, list the said appeal before this Court after a week. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040010452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/131/2024 Yaagam Bogo Son of Late Tumya Bogo, permanent resident of Dego Kamki village, PO and PS Kamba, West Siang District, Arunachal Pradesh VERSUS Desso Bogo Son of Late Dedek Bogo, permanent resident of Bogo village, Darak Circle, PO and PS Kamba, West Siang District, Arunachal Pradesh Advocate for the Petitioner : Dicky Panging Advocate for the Respondent : Tabit Tapak Linked Case : SAO/1/2020 TUMYA BOGO Age: 50 Occupation : Address:S/O LT. BETUM BOGO R/O DEGO KAMKI VILLAGE KAMBA PO/PS KAMBA WEST SIANG DISTRICT A P. VERSUS Page No.# 2/3 SHRI DESSO BOGO Age: 0 Occupation : Address:DESSO BOGO S/O LT. DEDEK BOGO R/O BOGO VILLAGE DARAK CIRCLE PO/PS KAMBA WEST SIANG DISTRICT A P. ------------ Advocate for : Dicky Panging Advocate for : Tabit Tapak appearing for SHRI DESSO BOGO: Advocate appearing for respectively. BEFORE HONBLE MR. JUSTICE MRIDUL KUMAR KALITA