Page No.# 1/5 vs Kusum Devi And 12 Ors
2025 Latest Caselaw 3389 Gua

Gauhati High Court

Page No.# 1/5 vs Kusum Devi And 12 Ors on 21 February, 2025

                                                                 Page No.# 1/5

GAHC010264472023




                                                           2025:GAU-AS:1878

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

                        Case No. : I.A.(Civil)/3684/2023

         KAMALA KANTA BHATTACHARJEE
         S/O LATE RAMA KANTA BHATTACHARJEE,
         RESIDENT OF VILLAGE AND PO JANIGOG, MOUZA BAHJANI, PS AND DIST
         NALBARI, ASSAM



         VERSUS

         KUSUM DEVI AND 12 ORS
         W/O SRI KAMALA KANTA BHATTACHARJEE,
         RESIDENT OF BALIKARIA (SARUSATAR CHUPA) PO BALIKARIA, MOUZA
         BATAHGILA, PS AND DIST NALBARI.

         2:SRI ROHINI KANTA BHATTACHARJEE @ ROHINI KUMAR
         BHATTACHARJEE
          S/O LATE RAMA KANTA BHATTACHARJEE
          RESIDENT OF VILLAGE BALIKARIA
          PO BALIKARIA
          MOUZA BATAHGILA
          PS AND DIST NALBARI


         3:SRI MADHAB BARMAN
          S/O LATE BHEBO RAM BARMAN
         RESIDENT OF VILLAGE BALIKARIA
          PO BALIKARIA
          MOUZA BATAHGILA
          PS AND DIST NALBARI


         4:SRI KARUNA BARMAN
          S/O LATE BHEBO RAM BARMAN
         RESIDENT OF VILLAGE BALIKARIA
                                  Page No.# 2/5

PO BALIKARIA
MOUZA BATAHGILA
PS AND DIST NALBARI


5:SRI RAJAT BARMAN
 S/O LATE BHEBO RAM BARMAN
RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


6:SRI SUNIL DEKA
 S/O LATE DEBENDRA PRASAD DEKA

RESIDENT OF VILLAGE BALIKARIA
PO BALIKARIA
MOUZA BATAHGILA
PS AND DIST NALBARI


7:RENU DEKA
W/O LATE DEBENDRA PRASAD DEKA

RESIDENT OF VILLAGE BALIKARIA
PO BALIKARIA
MOUZA BATAHGILA
PS AND DIST NALBARI


8:SRI JOYDEV BARMAN
 S/O SRI HANGSHA RAM BARMAN
RESIDENT OF VILLAGE BALIKARIA
 PO BALIKARIA
 MOUZA BATAHGILA
 PS AND DIST NALBARI


9:SRI NIROD CHOUDHURY
 S/O LATE GANGADHAR CHOUDHURY
RESIDENT OF VILLAGE CHAMATA
 MOUZA DHARMAPUR
 PS BELSOR
 DIST NALBARI

10:KARUNA KANTA SARMA
 S/O SRI GANGADHAR SARMA
                                                                          Page No.# 3/5

            RESIDENT OF VILLAGE BALIKARIA
            PO BALIKARIA
            MOUZA BATAHGILA
            PS AND DIST NALBARI


            11:SRI SUBAL KRISHNA CHAKRABORTY
             S/O SRI GANGADHAR SARMA
            RESIDENT OF VILLAGE BALIKARIA
             PO BALIKARIA
             MOUZA BATAHGILA
             PS AND DIST NALBARI


            12:SRI NIROD DEKA
             S/O SRI GANGADHAR SARMA
            RESIDENT OF VILLAGE BALIKARIA
             PO BALIKARIA
             MOUZA BATAHGILA
             PS AND DIST NALBARI


            13:SRI GIRISH CHANDRA BARMAN
             S/O SRI GANGADHAR SARMA
            RESIDENT OF VILLAGE BALIKARIA
             PO BALIKARIA
             MOUZA BATAHGILA
             PS AND DIST NALBAR

Advocate for the Petitioner   : MR. S MITRA, MR. R. RAMEEZ,MR A K BORO,MR S.MITRA

Advocate for the Respondent : MR. P P BORTHAKUR (R-1), PRIYANKU PRATIM PARASOR (R-
1),MS IVY HUSSAIN (R-1)




             Linked Case :

            KAMALA KANTA BHATTACHRJEE



             VERSUS

            KUSUM DEVI AND 12 ORS B
                                                                        Page No.# 4/5




           ------------
           Advocate for : MR. S MITRA
           Advocate for : appearing for KUSUM DEVI AND 12 ORS B



                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                       ORDER

21.02.2025

Heard Mr. S. Mitra, learned counsel for the applicant/appellant. Also heard Ms. I. Hussain, learned counsel for the respondent no.1.

This is an application under Section 5 of the Limitation Act, 1963, read with Order XLI Rule 3A of CPC for condonation of delay of 3 days in preferring the Regular Second Appeal.

It is submitted by Mr. S. Mitra, learned counsel for the applicant that after delivery of judgment in Title Appeal No. 4/2023 by the learned Civil Judge, Nalbari, the appellant has not collected the necessary documents of the certified copy due to financial constraints, as he is suffering from last stage of cancer. Thereafter, he had collected the documents and consulted with his engaged counsel and accordingly, the applicant/appellant has preferred the Regular Second Appeal with three days delay. The applicant/appellant has submitted that there is no wilful negligence of latches on the part of the appellant and the appeal could not be preferred only due to for some financial constraints for his illness.

Ms. I. Hussain, learned counsel for the respondent no. 1 has raised no Page No.# 5/5

objection and submitted that the respondent no.1 has no objection in condoning the delay of three days in preferring the connected Regular Second Appeal.

Accordingly, the present interlocutory application stands allowed and the delay of 3(three) days in filing the connected appeal is hereby condoned.

With the above observation and direction, the interlocutory application stands disposed of.

Registry is directed to register the connected main appeal and list the same accordingly.

JUDGE

Comparing Assistant