Gauhati High Court
Shri Shri Radhamadhabjiew Bigraha vs Silchar Municipal Board And Anr on 4 January, 2023
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010233422022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3421/2022
SHRI SHRI RADHAMADHABJIEW BIGRAHA
A DEITY, REP. BY ITS SHEBAIT SHRI ASHISH KUMAR RAY (SAHA), AGED
ABOUT 71 YEARS, S/O- LATE KRISHIKESH SAHA, R/O- LOCHAN BAIRAGI
ROAD, P.O. AND P.S. SILCHAR, DIST.- CACHAR, PIN- 788001.
VERSUS
SILCHAR MUNICIPAL BOARD AND ANR
REP. BY ITS CHAIRPERSON/ EXECUTIVE OFFICER, R/O- P.O. AND P.S.
SILCHAR, DIST.- CACHAR, PIN- 788001.
2:SMTI. DHAN KUMARI SUTRADHAR
W/O- BIRENDRA SUTRADHAR
R/O- RADHAMADHAB ROAD
SILCHAR TOWN
P.O. SILCHAR
DIST.- CACHAR
PIN- 788001
Advocate for the Petitioner : MR. A C SARMA
Advocate for the Respondent : MR S DUTTA
Linked Case : RSA/94/2019
SHRI SHRI RADHAMADHABJIEW BIGRAHA
A DEITY
REP. BY ITS SHEBAIT SHRI ASHISH KUMAR RAY (SAHA)
Page No.# 2/3
AGED ABOUT 71 YEARS
S/O- LATE KRISHIKESH SAHA
R/O- LOCHAN BAIRAGI ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
PIN- 788001.
VERSUS
SILCHAR MUNICIPAL BOARD AND ANR
REP. BY ITS CHAIRPERSON/ EXECUTIVE OFFICER
R/O- P.O. AND P.S. SILCHAR
DIST.- CACHAR
PIN- 788001.
2:SMTI. DHAN KUMARI SUTRADHAR
W/O- BIRENDRA SUTRADHAR
R/O- RADHAMADHAB ROAD
SILCHAR TOWN
P.O. SILCHAR
DIST.- CACHAR
PIN- 788001.
------------
Advocate for : MR. A C SARMA
Advocate for : MR SISHIR DUTTA appearing for SILCHAR MUNICIPAL BOARD
AND ANR
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
04.01.2023 Heard Mr. B. Deori, learned counsel appearing for the applicant. Also heard Mr. S. Dutta, learned counsel for the respondent No. 1 and Mr. S. Biswas, learned counsel for the respondent No. 2.
The applicant under Section 151 of the CPC, 1908, has sought for impleadment of Sri Angshu Kumar Ray, the successor of the deceased appellant, namely Late Ashish Kumar Ray (Saha) as appellant in RSA No. 94/2019.
Page No.# 3/3 It is submitted by the learned counsel for the applicant that during the pendency of the appeal the appellant in RSA No. 94/2019, namely Late Ashish Kumar Ray (Saha), the then Shebait of Shri Shri Radhamadhabjiew Bigraha, a Deity, expired on 20.01.2022 leaving behind his successor Sri Angshu Kumar Ray, the present Shebait of Shri Shri Radhamadhabjiew Bigraha.
Considering the submission made by the learned counsel for the applicant and as the application is not objected to by the learned counsel for the respondents, the prayer of the applicant is allowed by substituting Sri Angshu Kumar Ray the successor of the deceased namely Late Ashish Kumar Ray (Saha), as appellant in RSA No. 94/2019.
Registry is directed to do the needful by substituting the name of Sri Angshu Kumar Ray in place of Late Ashish Kumar Ray (Saha), as appellant in RSA No. 94/2019.
Interlocutory Application stands disposed of.
JUDGE Comparing Assistant