Page No.# 1/3 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 8706 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 5 Ors on 19 November, 2025

                                                                  Page No.# 1/3

GAHC010099962018




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

                        Case No. : I.A.(Civil)/1659/2018

         SHRI KANOUL KUMAR DAS AND ANR
         S/O LATE KRIPESH CHANDRA DAS VILL. ISHWARSHREE , P.O.AND P.S.
         NILAMBAZAR , KARIMGANJ ,ASSAM

         2: SRI KAUSHIK DAS
          S/O LATE KRIPESH CHANDRA DAS VILL. ISHWARSHREE
          P.O.AND P.S. NILAMBAZAR
          KARIMGANJ
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         ASSAM.

         2:THE DEPUTY COMMISSIONER
          KARIMGANJ

         3:THE SETTLEMENT OFFICER
          KARIMGANJ

         4:THE CIRCLE OFFICER
          NILAMBAZAR

         5:KUMUD RANJAN DEY
          RESIDENT OF VILLAGE ISWARSHREE
          P.O.AND P.S. NILAMBAZAR
          DIST. KARIMGANJ
         ASSAM PIN. 788004

         6:JAGADISH CHANDRA DUTTA
          RESIDENT OF VILLAGE ISWARSHREE
          P.O.AND P.S. NILAMBAZAR
          DIST. KARIMGANJ
                                                                        Page No.# 2/3

            ASSAM PIN. 78800

Advocate for the Petitioner   : MR. S DUTTA, MS. N MODI,MR. C SHARMA

Advocate for the Respondent : GA, ASSAM,



                                                in
                                       RSA Case No. 135/2018
                                               with
                                       RSA Case No. 135/2018


                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

19.11.2025

1. Heard Ms. K. Bora, the learned counsel for the applicant. Also heard Mr. K. Bhattacharya, the learned Government counsel appearing for the State respondent Nos. 1 to 4.

2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant for condoning a delay of only 2(two) days in preferring the connected regular second appeal, whereby the judgment and decree dated 29.08.2017, passed by the court of the learned Civil Judge, Karimganj in Title Appeal No. 01/2017, has been impugned.

3. The learned counsel for the appellant has submitted that the delay of only 2(two) days has been occasioned in preferring the connected regular second appeal and the said delay has been explained by the applicant in paragraph Nos. 2,3,4 and 5 of the application.

4. On the other hand, the learned Government counsel, Mr. K. Page No.# 3/3

Bhattacharya submits that since the delay is of only 2(two) days, he does not have any objection if the same is condoned.

5. Considering the submissions made by the learned counsel for the parties as well as considering the grounds shown by the applicant in their application to be sufficient grounds which prevented them from filing the connected regular second appeal within the prescribed period of limitation, the delay of 2(two) days is hereby condoned and this interlocutory application(civil) is allowed.

6. Let the connected RSA be listed for hearing under Order 41, Rule 11 of the Code of Civil Procedure, 1908 after a week.

7. List accordingly.

JUDGE

Comparing Assistant