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Gauhati High Court
Samsul Hoque vs Md Wahidur Rahman And Ors on 15 December, 2025
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GAHC010249622025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4035/2025
SAMSUL HOQUE
SON OF LATE ROFATULLAH MUNSHI, R/O VILLAGE- PARERCHAR PART II,
P.O. AND P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783380
VERSUS
MD WAHIDUR RAHMAN AND ORS.
SON OF MD SAWKAT ALI, R/O VILLAGE PARERCHAR PART- II, P.O AND
P.S.-ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783380
2:ON THE DEATH OF MOKRAM ALI
HIS LEGAL HEIRS
NAMELY
2.1:MST KHODEJA KHATUN
WIFE
R/O VILLAGE PARERCHAR PART- II
P.O AND P.S.-ABHAYAPURI
DIST- BONGAIGAON
ASSAM
PIN-783380
2.2:MOINUL HAQUE
SON
R/O VILLAGE PARERCHAR PART- II
P.O AND P.S.-ABHAYAPURI
DIST- BONGAIGAON
ASSAM
PIN-783380
2.3:MAMINUL HAQUE
SON
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R/O VILLAGE PARERCHAR PART- II
P.O AND P.S.-ABHAYAPURI
DIST- BONGAIGAON
ASSAM
PIN-783380
2.4:AST. MONOWAR BEGUM
R/O VILLAGE PARERCHAR PART- II
P.O AND P.S.-ABHAYAPURI
DIST- BONGAIGAON
ASSAM
PIN-783380
2.5:MASLEEMA BEGUM
DAUGHTER
R/O VILLAGE PARERCHAR PART- II
P.O AND P.S.-ABHAYAPURI
DIST- BONGAIGAON
ASSAM
PIN-783380
3:MD. SAUKAT ALI
SON OF LATE RAFETULLAH MUNSHI
R/O VILLAGE- PARERCHAR PART- II
P.O AND P.S.- ABHAYAPURI
DIST- BONGAIGAON
ASSAM
PIN-78338
Advocate for the Petitioner : MR. A ALAM, MR. MASUM ALAM,M ALAMGEER,MRS. S ROY
Advocate for the Respondent : ,
In
RSA Case No. 14346/2025
With
RSA Case No. 14346/2025(Filing Number)
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
15.12.2025
1. Heard Mrs. S. Roy, the learned counsel for the applicant.
Also heard Ms. B. Hazarika, the learned counsel appearing on
behalf of Ms. R. Choudhury, the learned counsel for all the
respondents.
2. This application under Section 5 of the Limitation Act, 1963
has been filed by the applicant praying for condoning the delay
of 171 days in filing the connected regular second appeal,
whereby the applicant has impugned the judgment and decree
dated 20.02.2025, passed in T.A. No. 04/2017 by the court of
the learned Civil Judge (Senior Division), Bongaigaon, whereby
the appellate court dismissed the appeal preferred by the
present applicant.
3. The learned counsel for the applicant has submitted that
the applicant has mentioned the reasons for delay in preferring
the connected regular second appeal beyond the prescribed
period of limitation in paragraph No. 3 to 6 of the instant
application. She also submitted that in the connected regular
second appeal, arising out of the same impugned order, i.e.
RSA No. 207/2025, delay was condoned and the said appeal
has been directed to be listed on 17th December, 2025.
4. The learned counsel for all the respondents submits that
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considering the grounds mentioned in the present petition,
they do not have any objection, if the prayer for condonation
of delay is allowed.
5. Considering the submissions made by the learned counsel
for both sides as well as considering the grounds stated in
paragraph No. 3 to 6 of the instant application to be sufficient
grounds which prevented the applicant in approaching this
court by filing the connected regular second appeal within
prescribed period of limitation.
6. Hence, this instant interlocutory application is allowed and
the delay of 171 days in preferring the connected regular
second appeal is hereby condoned.
7. The Registry is directed to list the connected regular
second appeal for admission on 17.12.2025.
8. This interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
