Gauhati High Court
Page No.# 1/9 vs Asrab Ali And Ors on 18 March, 2025
Page No.# 1/9
GAHC010235922023
2025:GAU-AS:2852
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3407/2023
FAZAL ALI
S/O LATE HASEN ALI,
RESIDENT OF KALGACHIA, MOUZA RUPSHI, PO KALGACHI, DIST
BARPETA, ASSAM
VERSUS
ASRAB ALI AND ORS
S/O LATE HASEN ALI,
RESIDENT OF KALGACHIA, MOUZA RUPSHI, PO KALGACHI, DIST
BARPETA, ASSAM
2:MUSSTT. SAHERA KHATUN
W/O LATE HELAL UDDIN
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
3:MD. IMAN ALI
S/O LATE HASEN ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
4:MD. AJGAR ALI
S/O LATE HASEN ALI
Page No.# 2/9
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
5:MUSST. RABIA KHATUN
D/O LATE HASEN ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
6:MUSST. HALIMON NESSA
D/O LATE HASEN ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
7:MD. MAJIBAR RAHMAN
S/O LATE KURPAN ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
8:MD. JOYAN ALI
S/O LATE RUPA MIAH
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
9:MD. ABU BAKKAR SIDDQUE
S/O LATE AMZAD ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
Page No.# 3/9
DIST BARPETA
ASSAM 781319
10:MD. ABU BAKKAR
S/O LATE KASIM UDDIN
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
11:MUSST. KARPULJAN NESSA
D/O LATE BASER ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
12:MUSST. MAMIRAN NESSA
D/O LATE HASEN ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
13:MD. INSU MIAH
S/O LATE HAMED ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
14:HUSSAIN ALI
S/O LATE HAMED ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
15:MD. JAHURUDDIN
Page No.# 4/9
S/O LATE HAMED ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
16:MD. ABDUL KUDDUS TALUKDAR
S/O LATE EKUDRAT ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
17:MUSST. SORIFAN NESSA
D/O LATE ABDUR RAHMAN
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
18:MD. ABDUL KUDDUS
S/O LATE CHAN MIAH
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
19:MD. SOHIDUL ISLAM
S/O LATE CHAN MIAH
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
20:MD. MOHIM ALI
S/O LATE MONSER ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
Page No.# 5/9
21:MD. ABDUL KARIM
S/O LATE ESAB ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
22:MUSST. HAMELA KHATUN
D/O LATE AMZAD ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
23:MD. RAHIMUDDIN AHMED
S/O LATE RIAZ ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
24:MD. JAMIR UDDIN
S/O LATE HAZRAT ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
25:MD. HIKAM ALI
S/O LATE ABDUL RAZZAK
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
26:MD. ABDUL HAI
S/O LATE ABDUL RAZZAK
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
Page No.# 6/9
ASSAM 781319
27:MD. RAHAM ALI
S/O LATE ABDUL RAZZAK
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
28:MD. ABDUL GAFUR
S/O LATE MONTAZ ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
29:MUSST. SAHREA KHATUN
D/O LATE KADAM ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
30:MUSST.. JAHANARA KHATUN
D/O LATE ALI AMZAD
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
31:MD. SAHDAT HUSSAIN
S/O LATE ABDUL KASEMI
(BRANCH MANAGER
ON BEHALF OF FLUROR INDIA RED ESTATE LIMITED
KALGACHIA
)
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
32:MD. SHAHAR ALI
Page No.# 7/9
S/O LATE HAZRAT ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
33:MD. HANNAN ALI
S/O LATE MOZIBAR RAHMAN
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
34:MD. SAIFUL ISLAM
S/O LATE MOTIAR RAHMAN
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 781319
35:MD. AZMAT ALI
S/O LATE WAHED ALI
RESIDENT OF KALGACHIA
MOUZA RUPSHI
PO KALGACHI
DIST BARPETA
ASSAM 78131
Advocate for the Petitioner : MR. N DHAR, N HASAN,MR A HUSSAIN,MR. B K SEN
Advocate for the Respondent : MR. N ALAM (R-1), S A BAKHTIAR(R-1),MR K JAIN(R-1)
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
18.03.2025
Heard Mr B K Sen, learned counsel for the applicant and Mr S A Bakhtiar,
learned counsel for the respondent/opposite party.
Page No.# 8/9
2. This application under Section 5 of the Limitation Act, is preferred by the
applicant for condonation of delay of 90 days in filing the connected regular second
appeal against the Judgment and Decree dated 14.03.2023, passed by the learned
Civil Judge, Barpeta, in Title Appeal No. 11/2020.
3. Mr Sen, learned counsel for the applicant submits that the applicant was not
informed by his counsel about the date of Judgment and Decree, passed by the
learned first appellate Court on 14.03.2023, and that the applicant was also
suffering from sciatica pain from 03.06.2023 to 27.09.2023, for which he could not
move and therefore, the appeal could not be filed in time and in support of the
aforementioned contention, the applicant has also enclosed a medical certificate
and a prescription issued by the Superintendent, Barpeta Civil Hospital, Kalgachia
and that the delay is not intentional and deliberate and the same has duly been
explained in the paragraph Nos. 4 and 5 of the application and that the applicant
has an arguable case and the same is required to be heard and to be decided on
merit and therefore, Mr Sen contended to allow this application.
4. Per contra, Mr Bakhtiar submits that the delay has not been properly
explained and in the medical certificate, no advice was given for taking rest by the
applicant for the period indicated therein and as no sufficient ground is assigned,
this petition is liable to be dismissed.
5. Having heard the submissions of learned counsel for both the parties, I have
carefully gone through the petition and the documents placed on record and the
statements and averments made in paragraph Nos. 4 and 5 of the application and
also the medical certificate at Page No. 13 and the medical prescription at Page
Nos. 12 and 12-A of the application and taking note of the statements and
averments made in the paragraph Nos. 4 and 5 of the application and also taking
note of the medical certificate at Page No. 13 and the medical prescription at Page
Page No.# 9/9
Nos. 12 and 12-A, this Court is of the view that the delay of 90 days in filing the
connected appeal is sufficiently explained in this application.
6. Though Mr Bakhtiar, learned counsel for the respondent/opposite party,
submits that there is no medical advice for taking rest for the period from
03.06.2023 to 27.09.2023, yet it appears that the applicant was suffering from
sciatica (lumbar sacral vertebral pathology) and he has also been prescribed with
some of the medicines and as such, the submission of Mr Bakhtiar, learned counsel
for the respondent/opposite party, left this Court unimpressed.
7. Thus, taking note of the submissions of learned counsel for both the parties
and also considering the given facts and circumstances on record, this Court is
inclined to condone the delay of 90 days in preferring the connected regular
second appeal.
8. Accordingly, this interlocutory application stands disposed of.
9. In view of the order passed in this interlocutory application, now the Registry
will proceed to register the appeal and list the same before the Court as soon as
practical.
JUDGE
Comparing Assistant
