Page No.# 1/3 vs Ayesha Khatun And Anr
2025 Latest Caselaw 5373 Gua

Gauhati High Court

Page No.# 1/3 vs Ayesha Khatun And Anr on 16 June, 2025

                                                                            Page No.# 1/3

GAHC010050742023




                                                                     2025:GAU-AS:7906

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

                                Case No. : I.A.(Civil)/953/2023

            JINNAT ALI
            S/O LATE ASAHAK ALI,
            RESIDENT OF VILLAGE SATHBANIRTOOP, MOUZA HOWLY, DIST
            BARPETA, ASSAM



            VERSUS

            AYESHA KHATUN AND ANR.
            W/O SORAB ALI,
            RESIDENT OF VILLAGE NICHUKA, MOUZA D.C BAUSI, DIST BARPETA,
            ASSAM

            2:SALEHA KHATUN
            W/O SORAB ALI
             RESIDENT OF NICHUKA
             MOUZA D. C BAUSI
             DIST BARPETA
            ASSA

Advocate for the Petitioner   : MR. P P DAS, MR A HALOI,MR. SURAJIT DAS

Advocate for the Respondent : MR. N HAQUE (r-1), MR. J ABBAS(R-2),MR. A K AZAD (r-1),MR.
S R BARBHUIYA (r-1),MR M HUSSAIN (r-1)
                                                                       Page No.# 2/3




                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 16.06.2025

Heard Mr. S. Das, learned counsel for the applicant. Also heard Mr. N. Haque, learned counsel for the opposite party No. 1 and Mr. J. Abbas, learned counsel for the opposite party No. 2.

2. This interlocutory application, under Section 5 of the Limitation Act, is preferred by the applicant for condonation of delay of 3 days in preferring the connected second appeal against the judgment and decree dated 08.06.2022, passed by the learned Additional District Judge, Barpeta, in Title Appeal No. 6/2020.

3. Mr. Das, learned counsel for the applicant submits that the appeal could not be preferred in time as the applicant could not obtain the certified copy in time and also he could not approach his counsel for filing the appeal, and that the delay is not intentional and the same is sufficiently explained in paragraph Nos. 3 and 4 of this application, and therefore, it is contended to condone the same.

4. Mr. Haque, learned counsel for the opposite party No. 1 and Mr. Abbas, learned counsel for the opposite party No. 2 submit that they have no objection in the event of condoning the delay of 3 days in preferring the connected second appeal by the applicant.

5. Taking note of the submissions of learned counsel for both the parties, and also considering the explanation so forthcoming for the delay, this Court is of Page No.# 3/3

the view that the delay is sufficiently explained and accordingly, the same stands condoned.

6. In terms of above this I.A. stands disposed of.

7. In view of the order passed today in I.A.(Civil) No. 953/2023, now the Registry shall proceed to register the connected second appeal and list the same before this Court as soon as practicable.

JUDGE

Comparing Assistant