[Cites 1, Cited by 0]
Gauhati High Court
Page No.# 1/7 vs Smti Bharati Borkakati And 11 Ors on 20 February, 2026
Page No.# 1/7
GAHC010043932025
2026:GAU-AS:2611
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/846/2025
ON THE DEATH OF SMTI MRINALINI DEVI
HER HEIRS AND LEGAL REPRESENTATIVES SOUBIR NARAYAN KOER AND
3 ORS
2: ARIJIT NARAYAN KOER
S/O LATE MRINALINI DEVI
RESIDENT OF LOWER LACHAMERE
SHILLONG 1
MEGHALAYA
3: SUJIT NARAYAN KOER
S/O LATE MRINALINI DEVI
RESIDENT OF LOWER LACHAMERE
SHILLONG 1
MEGHALAYA
4: MALABIKA ADHIKARI
POWER ATTORNEY HOLDER OF APPELANT NO. 1
2 AND 3
D/O LATE MRINALINI DEVI
RESIDENT OF GOPINATH NAGAR
HOUSE NO 129
BYE LANE 4. KAMRUP M GUWAHATI 78101
VERSUS
SMTI BHARATI BORKAKATI AND 11 ORS
W/O LATE ROHINI BARKAKATI REHABARI, BILPAR, GUWAHATI 781008
2:M/S YEAST INFRASTRUCTURES (PVT.) LTD
REGISTERED OFFICE AT AMAGE SHOPPING MALL
AT ROAD
GUWAHATI 781001
Page No.# 2/7
3:SMTI. PUSPA DAS
W/O LATE PARIKSHIT DAS
CHANDMARI
GUWAHATI 03
4:SMTI NIRUPAMA DAS
W/O R DAS
FA ROAD
KUMARPARA
GUWAHATI 09
5:SRI RANEN BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
6:SRI RATHEN BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
7:SRI RUPAM BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
8:SRI RUPEN BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
9:SRI RAJIB BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
10:SMTI DEVIKA BARUA
W/O SRI SACHIN BARUA
BHARALUMUKH
781009
11:SMTI DIPIKA TALUKDAR
W/O LATE HAREN TALUKDAR
BIJOYNAGAR
PALASHBARI 781128
Page No.# 3/7
12:SMTI. RUMA BORA
W/O SRI RAJEN BORA
JATIA
DISPUR
GUWAHATI
78100
Advocate for the Petitioner : MR RATUL BARUAH, MR. A IKBAL,MR. R BARUAH,A I
AHMED
Advocate for the Respondent : MR. R K JAIN, TULIKA BORAH,FOR CAVEATOR
In
Case : RFA/135/2018
ON THE DEATH OF SMTI MRINALINI DEVI HER HEIRS AND LEGAL
REPRESENTATIVES SOUBIR NARAYAN KOER AND 3
S/O LATE MRINALINI DEVI
RESIDENT OF LOWER LACHAMERE
SHILLONG 1
MEGHALAYA
2: ARIJIT NARAYAN KOER
S/O LATE MRINALINI DEVI
RESIDENT OF LOWER LACHAMERE
SHILLONG 1
MEGHALAYA
3: SUJIT NARAYAN KOER
S/O LATE MRINALINI DEVI
RESIDENT OF LOWER LACHAMERE
SHILLONG 1
MEGHALAYA
4: MALABIKA ADHIKARI
POWER ATTORNEY HOLDER OF APPELANT NO. 1
2 AND 3
D/O LATE MRINALINI DEVI
RESIDENT OF GOPINATH NAGAR
Page No.# 4/7
HOUSE NO 129
BYE LANE 4. KAMRUP M GUWAHATI 781016
VERSUS
SMTI BHARATI BORKAKATI AND 11 ORS
W/O LATE ROHINI BARKAKATI
REHABARI
BILPAR
GUWAHATI
781008
2:M/S YEAST INFRASTRUCTURES (PVT.) LTD
REGISTERED OFFICE AT AMAGE SHOPPING MALL
AT ROAD
GUWAHATI 781001
3:SMTI. PUSPA DAS
W/O LATE PARIKSHIT DAS
CHANDMARI
GUWAHATI 03
4:SMTI NIRUPAMA DAS
W/O R DAS
FA ROAD
KUMARPARA
GUWAHATI 09
5:SRI RANEN BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
6:SRI RATHEN BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
7:SRI RUPAM BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
8:SRI RUPEN BORKAKATI
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
9:SRI RAJIB BORKAKATI
Page No.# 5/7
S/O LATE BHABANI PRASAD BORKAKATI
RESIDENT OF FA ROAD
KUMARPARA GUWAHATI 09
10:SMTI DEVIKA BARUA
W/O SRI SACHIN BARUA
BHARALUMUKH
781009
11:SMTI DIPIKA TALUKDAR
W/O LATE HAREN TALUKDAR
BIJOYNAGAR
PALASHBARI 781128
12:SMTI. RUMA BORA
W/O SRI RAJEN BORA
JATIA
DISPUR
GUWAHATI
781005
------------
Advocate for : MR S ALI
Advocate for : MR. R K JAIN appearing for SMTI BHARATI BORKAKATI AND 11
ORS
WITH
RFA Case No. 135/2018
WITH
I.A.(Civil) Case No. 3800/2018
In
RFA Case No. 135/2018
WITH
I.A.(Civil) Case No. 4320/2018
In
RFA Case No. 135/2018
Page No.# 6/7
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
20.02.2026
[1] Heard Ms. J. Sharma, the learned counsel for the applicant.
Also heard Ms. T. Borah, the learned counsel for the respondent No.
2.
[2] This application under Order III Rule 4(2) of the Code of Civil
Procedure, 1908 has been filed by the engaged counsel for the
applicant in connection with RFA No. 135/2018, whereby the
engaged counsel have prayed for determination of their engaged
counsel and withdrawal of the Vakalatnama.
[3] The learned counsel for the applicant submits that the
learned counsel is unable to contact the applicant in spite of
repeated attempts, she submits that even a notice regarding
withdrawal of Vakalatnama by the engaged set of counsel has been
sent to the appellant by registered post with A/D and in spite of
receipt of the said notice, the applicant has not contacted the
engaged counsel.
[4] In support of her submissions, the learned counsel for the
applicant has furnished the notice dated 11.02.2025 as well as
postal track consignment report wherein the said notice is shown to
be delivered today.
[5] I have considered the submissions made by the learned
Page No.# 7/7
counsel for the applicant.
[6] Considering the averments made in the interlocutory
application as well as annexure annexed thereto and reasons shown
by the learned counsel for the appellant, the prayer is allowed.
[7] The engaged counsel for the applicant are allowed to
withdraw the Vakalatnama from the connected RFA No. 135/2018.
[8] The Registry is directed to not to show the name of Mr. A.I.
Ahmed, Ms. T. Borah, and Mr. A. Ikbal as well as Mr. S. Ali, as
engaged counsel for the applicant/appellant in the aforesaid case in
the cause-list henceforth.
[9] This interlocutory application is accordingly allowed.
JUDGE
Comparing Assistant
