Masuma Khanam Barbhuiya vs Power Grid Corporation Of India Limited ...
2025 Latest Caselaw 650 Gua

Gauhati High Court

Masuma Khanam Barbhuiya vs Power Grid Corporation Of India Limited ... on 16 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010080522025




                                                          undefined

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

                       Case No. : I.A.(Civil)/1470/2025


         MASUMA KHANAM BARBHUIYA
         W/O LATE JAYNUL ISLAM BARBHUIYA
         R/O VILLAGE- BAHADURPUR PART-II
         P.O. BROJAPUR PART-I
         P.S. AND DIST- HAILAKANDI
         ASSAM 788155


          VERSUS

         POWER GRID CORPORATION OF INDIA LIMITED AND OTHERS
         NER BADARPUR GHAT
         P.O. BADARPUR
         P.S. PANCHGRAM
         DISTRICT- HAILAKANDI
         ASSAM
         PIN-788806

         2:THE DISTRICT COMMISSIONER

         HAILAKANDI
         DISTRICT- HAILAKANDI
         ASSAM.

         3:MD JAYNUL ISLAM BARBHUIYA
         S/O LATE ARJOMOND BARBHUIYA
         VILLAGE- BAHADURPUR PART-II
         P.S. AND DIST- HAILAKANDI
         ASSAM.
         ------------
                                                                          Page No.# 2/3

           For the Applicant(s)             : Mr. P.K. Roychoudhury, Advocate

            For the Respondent(s)           : Mr. Amit Kumar, Sr. Advocate
                                              Mr. N. Khera, Advocate


                                 BEFORE
                  HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 16.05.2025

Heard Mr. P.K. Roychoudhury, the learned counsel appearing on behalf of the applicant. Mr. Amit Kumar, the learned Senior Counsel assisted by Mr. N. Khera appears on behalf of the opposite party who are the petitioners in CRP/36/2025.

2. The learned counsel appearing on behalf of the applicant submitted that the respondent against whom the accompanying proceedings have been filed had expired on 07.11.2024 leaving behind the applicant who is his legal representative.

3. The learned counsel appearing on behalf of the applicant further submitted that in terms with the recent judgment of the Supreme Court in the case of Om Prakash Gupta @ Lalloowa (Now Deceased) & Ors. Vs. Satish Chandra (Now Deceased) reported in (2025) SCC OnLine SC 291, an

application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 can be filed by either of the parties to the proceedings and as such the instant application has been filed.

4. The learned Senior Counsel appearing on behalf of the opposite parties/ the petitioners in the accompanying petition submitted that he has no objection to the said application.

Page No.# 3/3

5. Taking into account the above, this Court substitutes the respondent No. 3 in the accompanying proceedings with the applicant and arrays her as respondent No. 3.1 in the accompanying proceedings.

6. The learned counsel appearing on behalf of the petitioners in the accompanying petition is directed to file a fresh memo of parties before the Registry of this Court within 3 (three) days from today and the Registry on the basis of the instant order shall make necessary correction in the cause title and update the same in the CIS.

7. With the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant