The Gauhati High Court held that the appeal abated because the Respondent No. 2 died and was not substituted by legal heirs, as the joint decree could not be severed.
The appeal was held to be abated and the registry was directed to return the lower court record.
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GAHC010004872009
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/83/2009
SMTI. FULU BALA MEDHI and ORS W/O SRI UTSAV CHANDRA MEDHI
APPELLANT NOS. 2 TO 4 ARE SONS OF SRI UTSAV CHANDRA MEDHI ALL ARE RESIDENTS OF DOOM DOOMA TOWN DIST. DIBRUGARH ASSAM
VERSUS
AIKON MEDHI and ORS W/O LT. GIRISH CHANDRA MEDHI
2:SRI KUMUD MEDHI
3 AND 4 ARE SONS OF LT. GIRISH CHANDRA MEDHI.
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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
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.
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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.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appeal stands abated due to the failure to substitute the legal representatives of the deceased respondent.
Smti. Fulu Medhi
Sri Mohan Chandra Medhi
Sri Kamal Chandra Medhi
Sri Akan Chandra Medhi
Aikon Medhi
Sri Kumud Medhi
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
