Gauhati High Court
Page No.# 1/5 vs Md Abdul Goni on 28 February, 2025
Page No.# 1/5
GAHC010027792025
2025:GAU-AS:2125
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/530/2025
ABDUL NOOR LASKAR
SON OF LATE TAYAB ALI
RESIDENT OF DOBOKA TOWN, WARD NO. 6, PS AND PO DOBOKA, DIST
HOJAI, ASSAM 782440
2: MONUWARA BEGUM LASKAR
WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA
TOWN
WARD NO 6
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 78244
VERSUS
MD ABDUL GONI,
S/O OF MD SAFAR ALI, R/O OF VILIAGE MIKIRATI HAWGAON, POLICE
STATION AND POST OFFICE DOBOKA, DISTRICT HOJAI, ASSAM, PIN
782440
2:MD. OSMAN ALI
S/O OF MD SAFAR ALI
R/O OF VILIAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 782440
3:MUSSTT. PYARUN NESSA
D/O OF MD SAFAR ALI
R/O OF VILIAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
Page No.# 2/5
DISTRICT HOJAI
ASSAM
PIN 782440
4:MUSSTT. MAYARUN NESSA
S/O OF MD SAFAR ALI
AND W/O LATE SAMSUL HOQUE
PRESENT RESIDENT OF NAHAR GAON
WARD NO. 6. DOBOKA TOWN
PS AND PO DOBOKA
DIST HOJAI
ASSAM
782440.
PERMANENT RESIDENT OF VILLAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 78244
Advocate for the Petitioner : MR ROBIUL HOQUE, MR S J SHAMIM,MRS. R
MOMTAZ,ALHAJJ I UDDIN
Advocate for the Respondent : ,
Linked Case : C.APPLN/0/0
ABDUL NOOR LASKAR
SON OF LATE TAYAB ALI
2: MONUWARA BEGUM LASKAR
WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA TOWN
WARD NO 6
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 782440
VERSUS
MD ABDUL GONI
S/O OF MD SAFAR ALI
R/O OF VILIAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
Page No.# 3/5
PIN 782440
------------
Advocate for : Robiul Hoque
Advocate for : appearing for MD ABDUL GONI
Linked Case :
ABDUL NOOR LASKAR AND ANR
SON OF LATE TAYAB ALI
2: MONUWARA BEGUM LASKAR
WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA TOWN
WARD NO 6
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 782440
VERSUS
MD ABDUL GONI AND ORS
S/O OF MD SAFAR ALI
R/O OF VILIAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 782440
------------
Advocate for : Robiul Hoque
Advocate for : appearing for MD ABDUL GONI AND ORS
Page No.# 4/5
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
28.02.2025
Heard Mr. A. I. Uddin, learned counsel for the applicants.
This application is filed under Section 5 of the Limitation Act, praying for
the condonation of a delay of 8 days beyond the limitation period in filing the
connected appeal against the impugned judgment and decree dated
30.10.2024, passed by the learned Civil Judge (Sr. Dvn.), Hojai, in Title Appeal
No. 05/2022, whereby the learned appellate court, while allowing the appeal
preferred by the respondents, set aside the judgment and decree dated
08.04.2022, passed by the learned Munsiff, Hojai, in Title Suit No. 04/2007.
It is submitted by Mr. Uddin, learned counsel for the applicants, that there
was only a three-day delay on the part of the applicants in preferring the
connected RSA, and that it was the counsel who took 5 days in preparing the
appeal by consulting the DWs and other relevant documents. He further
submitted that the grounds for the delay have already been explained in
paragraphs 3 and 4 of the petition.
Considering the submissions made by the learned counsel for the
applicants, as well as the grounds for the delay explained in paragraphs 3 and 4
of the petition, and also in the interest of justice, the interlocutory application
for condonation of delay is hereby allowed, and the delay of 8 days in preferring
the connected appeal stands condoned.
Registry to register the connected appeal and list the same for admission
hearing in its usual course.
Page No.# 5/5
The Interlocutory Application stands disposed of in terms above.
JUDGE
Comparing Assistant
