Page No.# 1/3 vs On The Death Of Dharani Keot ...
2022 Latest Caselaw 2689 Gua

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GAHC010001262019




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

                            Case No. : I.A.(Civil)/23/2019

         SRI GANESH DEKA AND ANR
         S/O LATE LOHIT DEKA,
         RESIDENT OF MAJORKURI (NAMPARA),
         PO RAMDIA, (NAMPARA), PS HAJO DIST KAMRUP, ASSAM

         2: SRI ANIL DEKA

          S/O LATE LOHIT DEKA

         RESIDENT OF MAJORKURI (NAMPARA)

         PO RAMDIA
         (NAMPARA)
         PS HAJO DIST KAMRUP
         ASSA

         VERSUS

         ON THE DEATH OF DHARANI KEOT (PATHAK) HIS LEGAL HEIRS - SRI
         BHABESH PATHAK AND ANR
         S/O LATE LOHIT DEKA,
         RESIDENT OF MAJORKURI (NAMPARA),
         PO RAMDIA, (NAMPARA), PS HAJO DIST KAMRUP, ASSAM

         2:SRI HAREN PATHAK

          S/O LATE LOHIT DEKA

         RESIDENT OF MAJORKURI (NAMPARA)

         PO RAMDIA
         (NAMPARA)
         PS HAJO DIST KAMRUP
         ASSA
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Advocate for the Petitioner   : MR A N AHMED

Advocate for the Respondent : MR. G KALITA

            Linked Case : RSA Filing No. 12742/2018

            SRI GANESH DEKA AND ANR
            S/O LATE LOHIT DEKA

            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
            ASSAM

            2: SRI ANIL DEKA
            S/O LATE LOHIT DEKA

            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
            ASSAM
            VERSUS

            ON THE DEATH OF DHARANI KEOT (PATHAK) HIS LEGAL HEIRS - SRI
            BHABESH PATHAK AND ANR
            S/O LTE DHARANI KEOT

            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
            ASSAM

            2:SRI HAREN PATHAK

            S/O LATE DHARANI KEOT
            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
                                                                                  Page No.# 3/3

            ASSAM
            ------------
            Advocate for : MR A N AHMED
            Advocate for : appearing for ON THE DEATH OF DHARANI KEOT (PATHAK) HIS
            LEGAL HEIRS - SRI BHABESH PATHAK AND ANR



                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                             ORDER

Date : 03.08.2022

Heard Mr. A.N. Ahmed, the learned counsel appearing on behalf of the Applicants. None appears on behalf of the Respondents on call, although the names of the counsel have been duly reflected in the cause list.

This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 32 days in filing the Regular Second Appeal challenging the judgment and decree dated 3/5/2018 passed in Title Appeal No. 7/2014 by the Court of the Civil Judge, Kamrup(Rural), Amingaon.

The reasons for the delay in filing the instant application have been mentioned in paragraph Nos. 4 & 5 of the said application. Upon perusal of the grounds assigned and taking into account that there has been no objection on the part of the Respondents, this Court finds the grounds assigned in the instant application are sufficient grounds for condoning the delay. Consequently, the delay of 32 days is condoned.

The Registry is directed to register the connected appeal and list it for hearing under Order XLI Rule 11 of the Code of Civil Procedure.

IA stands disposed off accordingly.

JUDGE

Comparing Assistant