Page No.# 1/4 vs Smti. Bhagawati Devi Khemani And 4 ...
2022 Latest Caselaw 3914 Gua

                                                            Page No.# 1/4

GAHC010028302017




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

                         Case No. : I.A.(Civil)/2166/2017

         SMTI. SUTAPA DEY and 4 ORS.
         D/O- SUREN CHANDRA MANDAL

         2: SMTI. SAPNA DEY



         3: SMTI. LEEMA BHOWMIK

          ALL ARE D/O. LT. SUREN CHANDRA MONDOL


         4: SRI RAJU MONDOL



         5: SMTI. MITHU MONDOL

         BOTH ARE SON AND DAUGHTER OF LT. SUREN CHANDRA MONDOL. ALL
         ARE R/O. PURNANANDA ROAD
         DIBRUGARH TOWN
         P.O. and P.S. DIBRUGARH
         DIST. DIBRUGARH
         ASSAM

         VERSUS

         SMTI. BHAGAWATI DEVI KHEMANI and 4 ORS.
         W/O. KAMAKHYA PRASAD KHEMANI SINCE DECEASED.

         2:SRI LAKHI KUMAR KHEMANI
                                                                 Page No.# 2/4

            3:SRI NARENDRA KUMAR KHEMANI



            4:SRI RAMESH KUMAR KHEMANI

            NO. 2 TO 4 ALL ARE SONS OF LT KAMAKHYA PRASAD KHEMANI
            ALL ARE RESIDENTS OF SHANTIPARA BY THE SIDE OF PURNANANDA
            ROAD
            DIBRUGARH
            P.O. and P.S. DIBRUGARH
            DIST. DIBRUGARH
            ASSAM.

            5:ON THE DEATH OF SURENDRA KUMAR KHEMANI HIS LEGAL HEIRS-
             DIST. DIBRUGARH
            ASSAM.

            5.1:MRS. ANITA KHEMANI
            W/O- LATE SURENDRA KUMAR KHEMANI

            5.2:MR. SIDDHARTH KHEMANI
             S/O- LATE SURENDRA KUMAR KHEMANI

            5.3:MISS SUMEDHA KHEMANI
             D/O- LATE SURENDRA KUMAR KHEMANI

            5.4:MRS. DEEPIKA MODI
             D/O- LATE SURENDRA KUMAR KHEMANI

            ALL ARE R/O- A.M. ENCLAVE
            IA
            APURBA MITRA ROAD
            KALIGHAT
            KOLKATA- 700026
            WEST BENGAL

Advocate for the Petitioner   : MR.P S DEKA

Advocate for the Respondent : MR.S SARMA R- 1,3and4




             Linked Case :
                                                                           Page No.# 3/4

          SUTAPA DEY and 4 ORS.



          VERSUS

          BHAGWATI DEVI KHEMANI and 4 ORS.



          ------------

Advocate for :

Advocate for : appearing for BHAGWATI DEVI KHEMANI and 4 ORS.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

29.09.2022

Heard Mr. B. K. Bhagawati, the learned counsel for the applicants and Mr. G. Rahul, the learned counsel appearing on behalf of the respondent Nos.1, 3, 4. 5.1, 5.2, 5.3 & 5.4.

As per the Office Note dated 22.05.2018, the service upon the respondent Nos.2, 3, 4 & 5 have been mentioned to have been received by an adult member of the family. Consequently, the service upon the said respondents deemed to be completed.

This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 105 days in preferring the Civil Revision Application against the judgment and decree dated 03.12.2016, passed in Title Appeal No.15/2010.

The delay in filing the instant application is 105 days and from a perusal of the said application it transpires that there were certain mistakes Page No.# 4/4

which have happened in the judgment and decree dated 03.12.2016 for which necessary application was filed for correction of the names mentioned in the said judgment and decree. Thereafter, on account of ailment of one of the applicants, the Appeal could not be filed immediately. The reason assigned therein, in the opinion of this Court, constitutes a sufficient cause within the meaning of Section 5 of the Limitation Act, 1963.

Accordingly, the delay of 105 days is condoned.

The Registry is directed to register the Civil Revision Petition and list it for motion immediately after the Puja Vacation.

The I.A stands disposed of.

JUDGE

Comparing Assistant