Gauhati High Court
Moharam Ali vs Rajesh Nayak And 20 Ors on 1 November, 2021
Page No.# 1/5
GAHC010005462020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
CRP(IO)/18/2020
MOHARAM ALI
S/O JUMON ALI
R/O VILL. MELENG HINDUBARI TEA ESTATE
P.O. MELENG GRANT
P.S. TEOK
DIST. JORHAT
ASSAM-785635
VERSUS
RAJESH NAYAK AND 20 ORS.
S/O LT. GADI NAYAK
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
2:SUMIT TANTI
S/O LT. KESHUR TANTI
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
3:GURU CHAWRA
S/O LT. BESOMBER CHAWRA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
4:ASHOK PRAJA
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S/O LT. SIVA PRAJA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
5:SHYAM NAYAK
S/O LT. SUKH NATH NAYAK
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
6:SHYAM RAJWAR
S/O LT. SAHADEV NAYAK
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
7:JAYMOTI KARMAKAR
W/O BENULA MAL
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
8:GULIA PRAJA
S/O LT. KALIA PRAJA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
9:DEBEN BEDIA
S/O SRI JANGLU BEDIA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
10:MITKU PRAJA
S/O LT. RAGHU PRAJA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
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11:RAHUL GARH
S/O LT. SUKHRAM GARH
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
12:PRADIP BEDIA
S/O LT. HARICHARAN BUDIA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
13:AKHIL MAL
S/O LAKHAN MAL
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
14:NRIPEN PRAJA
S/O RAGHU PRAJA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
15:MANIK RABIDAS
S/O LT. BIKRAM RABIDAS
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
16:RENU CHAWRA
W/O HOREN CHAWRA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
17:DURGA NAYAK
W/O GULESWAR NAYAK
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
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PIN-785112
18:PARSURAM CHAWAR
S/O LT. LAKHAN CHAWAR
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
19:BIPUL KAND
S/O DURGA KAND
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
20:AJAY PRAJA
S/O RAGHU PRAJA
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
21:LABAN TANTI
S/O LT. BERELAL TANTI
R/O HINDUBARI TEA ESTATE
P.O. AND P.S. TEOK
DIST. JORHAT
ASSAM
PIN-785112
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Advocate for : MR. R PHUKAN
Advocate for : MR U S BORGOHAIN appearing for RAJESH NAYAK AND 20 ORS.
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 01-11-2021
Heard Mr. R.Phukan, the learned counsel appearing for the petitioner and Mr. R. Ali,
the learned counsel appearing for the respondents.
This is a petition under Article 277 of the Constitution of India challenging the judgment
and order dated 07-12-2019, whereby the Court below condoned the delay of 286 days in
Page No.# 5/5
filing Title Appeal No. 5/2019 against the judgment and decree dated 08/11/2018 passed by
the Civil Judge, Jorhat in Title Suit No. 57/2017.
I have perused the impugned judgment as well as the application seeking condonation
of delay.
After going through the statements made in the application seeking condonation of
delay as well as the judgment impugned, I am of the opinion that the Court below was
justified in condoning the delay of 286 days in filing the Title Appeal No. 5/2019.
From a perusal of the statements made in the condonation application, it transpires
that immediately on coming to learn about judgment and decree passed in the suit, the
respondents had applied for the certified copy and upon receipt of the same, immediately
filed an application under Order XXI Rule 26 read with section 151 of the Code of Civil
Procedure on legal advice. Thereupon, upon dismissal of the said application and bringing it
into the attention of the newly engaged counsel, it was advised to the respondents herein
they should prefer an appeal and accordingly the appeal was preferred. As the suit had
proceeded ex-parte against the respondents, they had no knowledge of the judgment and
decree till 13/03/2019 and thereupon the respondents have been acting as per the advice of
the legal counsel. The Court below had rightly, after taking into account the principles laid
down by the Apex Court in various judgments, had rightly condoned the delay. In that view of
the matter, no interference is called for, more so, in the proceeding under Article 227 of the
Constitution of India. In this regard, reference is made to the judgment of the Supreme Court
rendered in Shalina Shyam Shetty Vs. Rajendra Shankar Patil reported in (2010) 8 SCC 329.
The interim order dated 10/01/2020, whereby further proceedings of Title Appeal No.
5/2019 pending in the Court of the Additional District Judge, Jorhat, which was stayed, is
hereby vacated and the Court below is directed to proceed with the adjudication of the
appeal in accordance with law.
The parties shall appear before the Court below on 30/11/2021.
The petition stands dismissed accordingly.
JUDGE
Comparing Assistant
