Page No.# 1/3 vs Richa Kumari Singh
2025 Latest Caselaw 4757 Gua

Gauhati High Court

Page No.# 1/3 vs Richa Kumari Singh on 21 August, 2025

                                                                         Page No.# 1/3

GAHC010092142025




                                                                   2025:GAU-AS:11148

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

                                Case No. : I.A.(Civil)/1487/2025

            SANNI KUMAR SINGH
            S/O YOGENDRA SINGH R/O VILL SARNARAYAN, P.O. SARAIYA, P.S.
            DARIYAPUR, DIST SARAN, BIHAR, PIN 841101



            VERSUS

            RICHA KUMARI SINGH
            D/O SRI RABISH KUMAR SINGH, R/O VILL. HAFLONG ROAD, (NEAR
            ISKON TEMPLE) P.O. AND P.S. LUMDING, DIST. HOJAI, ASSAM, PIN 782447



Advocate for the Petitioner   : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R
MOMTAZ

Advocate for the Respondent : MR. B. KUMAR, B DUTTA



             Linked Case :

            XXXXXXX
            S/O- YOGENDRA SINGH
            R/O- VILL- SARNARAYAN
            PO- SARAIYA
            PS- DARIYAPUR
            DIST- SARAN
            BIHAR


             VERSUS
                                                                       Page No.# 2/3

             XXXXXXX
             D/O- SRI RABISH KUMAR SINGH
             R/O- VILL- HAFLONG ROAD
             NEAR ISKCON TEMPLE
             PO AND PS HOJAI


             ------------
             Advocate for : Robiul Hoque
             Advocate for : appearing for XXXXXXX



                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG
                                   ORDER

21.08.2025

Heard Mr. A. I. Uddin, learned counsel for the applicant. Also heard Mr. B. Dutta, learned counsel for the respondent.

This application under Section 5 of the Indian Limitation Act has been filed with a prayer for condonation of delay of 1504 days beyond the prescribed period of limitation in filing the Matrimonial Appeal against the ex-parte judgment and decree dated 12.11.2020, passed by the learned Additional District Judge (FTC), Hojai, Sankardev Nagar, in T.S. (D) Case No. 75/2019.

Mr. Uddin, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 2, 3, and 4 of the delay condonation petition.

Upon considering the explanations provided in the aforesaid paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the stipulated time. Moreover, the respondent has raised no objection to the condonation of delay, as the parties have agreed to explore Page No.# 3/3

the possibility of settlement through mediation.

In view of the above, and in the interest of justice, the interlocutory application for condonation of delay is hereby allowed. Accordingly, the delay of 1504 days in preferring the connected appeal stands condoned.

The Registry is directed to register the connected Matrimonial Appeal and list the same for admission hearing in its usual course.

The Interlocutory Application stands disposed of in terms above.

JUDGE

Comparing Assistant