Rejiya Khatun vs Akbar Kha And 6 Ors
2023 Latest Caselaw 600 Gua

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GAHC010268402022




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

                           Case No. : RSA/18/2023

         REJIYA KHATUN
         D/O LATE MATAB KHA,
         W/O NUR MIYA,
         RESIDENT OF VILLAGE SHEWRACHARA, MOUZA TITAPANI, PS
         KALGACHIYA, DIST BARPETA, ASSAM, 781319



         VERSUS

         AKBAR KHA AND 6 ORS .
         S/O ALTAB KHAN.
         RESIDENT OF VILLAGE SHEWRA RESERVE, MOUZA TITAPANI, PS
         KALGACHIYA,DIST BARPETA, ASSAM 781319

         2:MOMREJ KHA
          S/O ALTAB KHAN.
         RESIDENT OF VILLAGE SHEWRA RESERVE
          MOUZA TITAPANI
          PS KALGACHIYA
         DIST BARPETA
         ASSAM 781319
         3:KASHEM KHA
          S/O ALTAB KHAN.
         RESIDENT OF VILLAGE SHEWRA RESERVE
          MOUZA TITAPANI
          PS KALGACHIYA
         DIST BARPETA
         ASSAM 781319
         4:SHIRAJ KHA
          S/O ALTAB KHAN.
         RESIDENT OF VILLAGE SHEWRA RESERVE
          MOUZA TITAPANI
          PS KALGACHIYA
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            DIST BARPETA
            ASSAM 781319
            5:DULUMAN NESSA
             D/O ALTAB KHAN.
            W/O FARHAN ALI

            RESIDENT OF VILLAGE SHEWRA RESERVE
            MOUZA TITAPANI
            PS KALGACHIYA
            DIST BARPETA
            ASSAM 781319

            6:SHAMINA KHATUN
             D/O ALTAB KHAN

            W/O SAMSUL
            RESIDENT OF VILLAGE TARAKANDI
            MOUZA BAGHBAR, PS BAGHBAR
            DIST BARPETA, ASSAM 781321

            7:KHORSED KHA
             S/O PARAN KHA

            RESIDENT OF VILLAGE TARAKANDI
            MOUZA BAGHBAR, PS BAGHBAR, DIST BARPETA
            ASSAM 78132

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 17.2.2023

Heard Mr.K. R. Patgiri, learned counsel for the appellant .

The present appeal is filed against the order dated 7.9.2022 passed by learned Civil Judge, Barpeta, in Misc.(J) Case No.148/2019 arising out of Title Appeal No. 25/2019 whereby the prayer for condonation of delay of 70 days in Page No.# 3/3

preferring the aforesaid Title Appeal against the judgment and order dated 29.8.2019 passed in Title Suit No. 201/2013 was not interfered with.

The present appeal is admitted for hearing on the following substantial question of law:

(i) Whether the first Appellate Court is justified in dismissing the application for condonation of delay by not construing Section 5 of the Limitation Act in its proper perspective resulting in the dismissal of the appeal?

Issue notice returnable on 21.3.2022.

The appellant shall take steps on the respondents within a period of five days from today both by way of registered post with A/D as well as by usual process.

LCR be called for

JUDGE

Comparing Assistant