Page No.# 1/3 GAHC010085122023 2025:GAU-AS:10896 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1243/2023 THE DIRECTOR FIRE AND EMERGENCY SERVICES ASSAM PANBAZAR THE DIRECTOR FIRE AND EMERGENCY SERVICES ASSAM PANBAZAR VERSUS SMTI BABITA BAISHYA AND ORS W/O LATE HIREN NATH RESIDENT OF SAGALI CHUBURI, PS TEZPUR DIST SONITUR, ASSAM 2:SUSMITA DEVI D/O LATE HIREN NATH RESIDENT OF SAGALI CHUBURI PS TEZPUR DIST SONITUR ASSAM 3:DULAL NATH S/O LATE BAKUL NATH RESIDENT OF SAGALI CHUBURI PS TEZPUR DIST SONITUR ASSAM 4:KHIRODA DEVI W/O DULAL NATH RESIDENT OF SAGALI CHUBURI PS TEZPUR DIST SONITUR ASSAM 5:MD. PAINUR ALI S/O NURO ALI RESIDENT OF GOMURMORI PS NALBARI SADAR ASSA Page No.# 2/3 Advocate for the Petitioner : MR. N K DAS, MS. D D BARMAN,MR. T R GOGOI Advocate for the Respondent : MR A KAKOTI (R -1 TO 4), BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 18.08.2025 Heard Ms. D. D. Barman, learned counsel for the applicant. Also heard Mr. A. Kakati, learned counsel appearing on behalf of respondent/opposite party Nos. 1 to 4. 2. This is an application, filed under Section 5 of the Limitation Act, 1963, for seeking condonation of delay of 314 days in accompanied appeal under Section 173, Motor Vehicle Act, 1980, as amended. 3. The ground of delay in filing the connected appeal has been explained in paragraph nos. 2 & 3 of the condonation petition. 4. Mr. Kakati, although filed an objection has fairly submitted that he has no objection provided, the applicant is directed to deposit the 50% of the awarded amount before he Registry of this Court. 5. On perusal of the explanation in above mentioned paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause in filing not the connect appeal within the stipulated time. Moreover, the respondents have no objection in condoning the delay of 314 days. 6. In view of the above, the delay of 314 days in filing the connected appeal is hereby condoned. Page No.# 3/3 7. With the above, this I.A. stands disposed of. 8. The Registry shall register the connected appeal and list it after 2 (two) weeks. JUDGE Comparing Assistant