Md. Naushad Hussain @ Zarin Hazi vs Md. Shoaib Bora And 3 Ors
2022 Latest Caselaw 3487 Gua

                                                                  Page No.# 1/3

GAHC010128802019




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

                        Case No. : I.A.(Civil)/1921/2019

         MD. NAUSHAD HUSSAIN @ ZARIN HAZI
         S/O- LATE MUKTAR HUSSAIN, R/O- KHIZNUR ALI ROAD, WARD NO. 5,
         SIVASAGAR TOWN, P.O., P.S. AND DIST.- SIVASAGAR, MOUZA- NAGAR
         MAHAL MOUZA, ASSAM, PIN- 785640.

         VERSUS

         MD. SHOAIB BORA AND 3 ORS.
         S/O- LATE ABU NAYEM BORA, R/O- BORA ROAD, WARD NO. 4, SIVASAGAR
         TOWN, P.O. AND P.S. SIVASAGAR, MOUZA- NAGAR MAHAL MOUZA, DIST.-
         SIVASAGAR, ASSAM, PIN- 785640.

         2:MD. IDRISH ALI
          S/O- LATE JAMALUDDIN AHMED
          R/O- KHIZNUR ALI ROAD
         WARD NO. 5
          SIVASAGAR TOWN
          P.O. AND P.S. SIVASAGAR
          MOUZA- NAGAR MAHAL MOUZA
          DIST.- SIVASAGAR
         ASSAM
          PIN- 785640.

         3:MD. SEHIDUR ALI
          S/O- LATE JAMALUDDIN AHMED
          R/O- KHIZNUR ALI ROAD
         WARD NO. 5
          SIVASAGAR TOWN
          P.O. AND P.S. SIVASAGAR
          MOUZA- NAGAR MAHAL MOUZA
          DIST.- SIVASAGAR
         ASSAM
          PIN- 785640.
                                                                         Page No.# 2/3

            4:MD. OHIDUR ALI
             S/O- LATE JAMALUDDIN AHMED
             R/O- KHIZNUR ALI ROAD
            WARD NO. 5
             SIVASAGAR TOWN
             P.O. AND P.S. SIVASAGAR
             MOUZA- NAGAR MAHAL MOUZA
             DIST.- SIVASAGAR
            ASSAM
             PIN- 785640

Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent : MR G N SAHEWALLA




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 12-09-2022

Heard Mr. AR Shome, the learned counsel for the appellant and Mr. M Sahewalla, the learned counsel for the respondent No.1.

For the purpose of disposal of the instant application, the service upon the proforma opposite party Nos.2, 3 & 4 are not necessary.

This is an application for condonation of delay of 105 days in preferring the instant appeal against the judgment and decree dated 10.09.2018 passed in Title Appeal No.24/2015.

The grounds assigned in the instant application is that the applicant is an aged and ailing person and as such, he has to take steps only through his sons. The applicant's sons have duly come to Guwahati and handed over the papers to the counsel for preparation of the appeal. Thereupon the applicant's sons suffered from Pox for Page No.# 3/3

which he could not come to Guwahati immediately. It was only on 23.03.2019 that the applicant and his sons came to Guwahati and thereupon the appeal was filed.

The learned counsel for the respondent No.1 had raised objections on the grounds that the application does not disclose a sufficient cause.

Considering the grounds assigned, this Court is of the opinion that the same constitutes a sufficient cause within the meaning of Section 5 of the Limitation Act, 1963.

Accordingly, the delay of 105 days in condoned. The registry is directed to register the connected second appeal and list it in the column for hearing U/O XLI Rule II CPC.

The I.A stands disposed of.

JUDGE

Comparing Assistant