Gauhati High Court

Shofi Ahmed vs Enteykaf Hussain Mondal And Anr on 8 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/2

GAHC010119802022




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

                              Case No. : I.A.(Civil)/3080/2022

            SHOFI AHMED
            S/O EDRIS ALI,
            RESIDENT OF WARD NO. 4, GAURIPUR, BEPARIPATTY, PO GAURIPUR PS
            GAURIPUR, DIST DHUBRI, ASSAM 783331



            VERSUS

            ENTEYKAF HUSSAIN MONDAL AND ANR.
            S/O ZULFIKAR HUSSAIN MONDAL,
            RESIDENT OF VILLAGE GERAMARI PART IV, PS GAURIPUR, PO
            GERAMARI, DIST DHUBRI, ASSAM 783339

            2:MD. INSUR ALI

            S/O LATE ASGOR ALI

            RESIDENT OF VILLAGE GERAMARI PART IV
            PS GAURIPUR
            PO GERAMARI
            DIST DHUBRI
            ASSAM 78333

For the Applicant(s)            : Mr. D. Roy, Advocate

For the Respondent(s)           : None appears.
                                                                       Page No.# 2/2

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                    ORDER

Date : 08.05.2024

1. This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 16 days in preferring the accompanying Second Appeal against the judgment and decree dated 15.02.2022 in Money Appeal No.01/2020.

2. This Court has perused the grounds which have been mentioned in the instant application more particularly in Paragraph Nos. 8, 9 and 10 and is of the opinion that the same constitutes a sufficient cause for condoning the delay of 16 days in preferring the accompanying Second Appeal.

3. Accordingly, the delay of 16 days is condoned.

4. I.A. stands allowed.

5. The Registry is directed to register the accompanying Second Appeal and list the matter in the column of Order XLI Rule 11 on 10.06.2024.

JUDGE

Comparing Assistant