Sunit Hazarika vs On The Death Of Jogen Hazarika His ...
2023 Latest Caselaw 2937 Gua

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GAHC010174322023




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

                                Case No. : I.A.(Civil)/2262/2023


            SUNIT HAZARIKA
            S/O LT. BIREN HAZARIKA VILL. NIZ BIHOGURI BORDUBIA GENGAR
            CHUBURI P.O. PITHAKHOWA DIST. SONITPUR ASSAM



            VERSUS

            ON THE DEATH OF JOGEN HAZARIKA HIS LEGAL HEIRS PRANITA
            HAZARIKA AND ORS.
            VILL. NIZ BIHOGURI BORDUBIA GENGAR CHUBURI P.O. PITHAKHUWA
            DST. SONITPUR ASSAM PIN 784153

            1.2:RAKTIM HAZARIKA
            W/O JOGEN HAZARIKA VILL. NIZ BIHOGURI BORDUBIA GENGAR
            CHUBURI P.O. PITHAKHUWA DST. SONITPUR ASSAM PIN 784153

            1.3:RITAM HAZARIKA
             S/O LT. JOGEN HAZARIKA VILL. NIZ BIHOGURI BORDUBIA GENGAR
            CHUBURI P.O. PITHAKHUWA DST. SONITPUR ASSAM PIN 784153

            1.4:RITRISHA HAZARIKA
             D/O LT. JOGEN HAZARIKA VILL. NIZ BIHOGURI BORDUBIA GENGAR
            CHUBURI P.O. PITHAKHUWA DST. SONITPUR ASSAM PIN 784153

            2:MILAN HAZARIKA
             S/O LT. LAKHIRAM HAZARIKA VILL. BORDUBIA P.O. BIHUGURI DIST.
            SONITPUR ASSAM PIN 78415

Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent :
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                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

07.08.2023 Heard Ms. R. Choudhury, learned counsel for the applicant, who has preferred this application for condonoation of delay of 392 days in preferring the RSA against the judgment and decree dated 12.02.2020 by the learned First Appellate Court in Title Appeal No. 13/2016 whereby the judgment and decree passed by the learned Trial Court has been affirmed. The learned counsel has submitted that due to the Covid Pandemic, the delay has occurred.

Issue Notice, returnable by 4(four) weeks.

Applicant to take steps for service of notice upon the respondents by registered post with A/D. Steps within two days.

The learned counsel has prayed for some interim protection as she has been instructed that the execution proceeding has been initiated today. This Court is however of the view that unless the delay is condoned, this Court cannot assume jurisdiction over the matter. Nevertheless, the fact of issuing notice in the delay condonation petition may be brought to the notice of the learned Executing Court with necessary prayers which may be considered.

List this case after 4(four) weeks along with service report.

JUDGE

Comparing Assistant