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2025 DAILYLAW 11598 (GAU)

JOYDEEP DAS AND 7 ORS . v. ASHISH MAZUMDER AND 9 ORS.

I.A.(Civil)/1500/2023 · 2025-06-01

Devashis Baruah

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Judgment text

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Page No.# 1/7 GAHC010090492023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1500/2023 JOYDEEP DAS AND 7 ORS . S/O LATE KARUNAMOY DAS, RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG, PS BARLEKHA DIST MOULVIBAZAR, BANGLADESH, REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS, AGED ABOUT 49 YEARS, W/O LATE NABENDU DAS, RESIDENT OF R.K MISSION ROAD, KARIMGANJ TOWN, PO KARIMGANJ, PS KARIMGANJ, DIST KARIMGANJ, ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 2: SRI SHANTANU DAS S/O LATE KARUNAMOY DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 3: SMTI GOURI RANI DAS D/O LATE KARUNAMOY DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN Page No.# 2/7 BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 4: SMTI MITA RANI DAS D/O LATE KARUNAMOY DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 5: SRI SUJIT KUMAR DAS S/O LATE JAGADISH CHANDRA DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS Page No.# 3/7 AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 6: SRI JAGAT JYOTI DAS S/O LATE JAGADISH CHANDRA DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 7: SMTI SHEBANI RANI DAS D/O LATE JAGADISH CHANDRA DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ Page No.# 4/7 ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.2022 8: SMTI RIPA RANI DAS D/O LATE JAGADISH CHANDRA DAS RESIDENT OF VILLAGE DAKSHIN BHAG (MAHAJAN BARI) PO DAKSHIN BHAG PS BARLEKHA DIST MOULVIBAZAR BANGLADESH REPRESENTED BY THEIR LEGAL AND DULY ATTORNEY SMTI. MUKTA DAS AGED ABOUT 49 YEARS W/O LATE NABENDU DAS RESIDENT OF R.K MISSION ROAD KARIMGANJ TOWN PO KARIMGANJ PS KARIMGANJ DIST KARIMGANJ ASSAM 788710 VIDE GENERAL POWER OF ATTORNEY BEARING DOCUMENT SL. NO. 33/2022 DATED 29.12.202 VERSUS ASHISH MAZUMDER AND 9 ORS. S/O LATE BHOLA NATH MAZUMDER RESIDENT OF A.C SEN ROAD, KARIMGANJ ROAD PO AND PS AND DIST KARIMGANJ, ASSAM 788710 2:SRI UJJAL MAZUMDER S/O LATE BHOLA NATH MAZUMDER RESIDENT OF A.C SEN ROAD KARIMGANJ ROAD PO AND PS AND DIST KARIMGANJ ASSAM 788710 3:SMTI MADAVI MAZUMDER D/O LATE BHOLA NATH MAZUMDER RESIDENT OF A.C SEN ROAD KARIMGANJ ROAD PO AND PS AND DIST KARIMGANJ ASSAM 788710 4:SMTI. SARBANI MAZUMDER @ SARBANI KARMAKAR D/O LATE BHOLA NATH MAZUMDER W/O SRI BUDHADEV KARMAKAR Page No.# 5/7 RESIDENT OF 7 STATION ROAD FLAT NO. 103 2ND FLOOR DHAKURIA CALCUTTA (WEST BENGAL) 700013 5:SMTI SWAPBA DAS W/O LATE AJIT KUMAR DAS RESIDENT OF PATHERKANDI STEEL HOUSE NEAR PATHERKANDI POLICE STATION PO AND PS PATHERKANDI DIST KARIMGANJ ASSAM 788724 6:SRI AMITAVA DAS S/O LATE AJIT KUMAR DAS RESIDENT OF PATHERKANDI STEEL HOUSE NEAR PATHERKANDI POLICE STATION PO AND PS PATHERKANDI DIST KARIMGANJ ASSAM 788724 7:SMTI. SUSHMITA DAS D/O LATE AJIT KUMAR DAS RESIDENT OF PATHERKANDI STEEL HOUSE NEAR PATHERKANDI POLICE STATION PO AND PS PATHERKANDI DIST KARIMGANJ ASSAM 788724 8:SETTLEMENT OFFICER KARIMGANJ ASSAM 788710 9:DEPUTY COMMISSIONER KARIMGANJ ASSAM 788710 Page No.# 6/7 10:THE STATE OF ASSAM KARIMGANJ ASSAM 78871 For the Applicant(s) : Mr. O. Laskar, Advocate For the Respondent(s) : Mr. D. Mozumdar, Sr. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 02.06.2025 This is an application filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 101 days in preferring the accompanying appeal against the judgment and decree dated 30.09.2022 passed in Title Appeal No. 04/2017 by the learned Court of the District Judge, Karimganj. 2. This Court has duly perused the grounds which have been stated in Paragraph Nos. 4 to 10 of the instant application. This Court has also perused the objection so filed to the said application. 3. Taking into account the grounds which has been stated in Paragraph Nos. 4 to 10, in the opinion of this Court comes within the ambit of sufficient cause for condoning the delay of 101 days in preferring the accompanying appeal. Accordingly, Page No.# 7/7 the instant application stands allowed. 4. It has been submitted at the bar by the learned counsels appearing on behalf of the parties that the accompanying appeal be urgently taken up by this Court. 5. Taking into account the above, the Registry is directed to register the accompanying appeal and list the appeal in terms with Order XLI Rule 11 of the Code of Civil Procedure, 1908 before this Court on 04.06.2025. 6. With the above, the I.A. stands disposed of. JUDGE Comparing Assistant