Page No.# 1/8 GAHC010092452024 2025:GAU-AS:10686 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1362/2024 ON THE DEATH OF SUBHASH CHANDRA NATH HIS LEGAL HEIRS BANI NATH AND ORS 1.1: SMTI BANI NATH D/O LATE SUBHASH CHANDRA NATH 1.2: SMTI SEULI NATH @ SEULI ROY D/O LATE SUBHASH CHANDRA NATH ALL R/O NARSINGPUR P.O. BLOCK AND MOUZA NARSINGPUR PART-I BANRAJ P.S. SONAI DIST. CACHAR ASSAM 2: ON THE DEATH OF SRI ANIL KUMAR @ SRI ANIL CHANDRA NATH HIS LEGAL HEIR SHRI SANDIP NATH S/O LATE SRI ANIL CHANDRA NATH R/O DHARMIKHAL GRANT BORAIBASTI SUB DIVISION SONAI DISTRICT CACHAR ASSAM PIN 788116. 3: SRI SUNIL CHANDRA NATH @ SRI SUNIL KUMAR NATH S/O LATE SANTOSH KUMAR NATH R/O VIVEKANANDA ROAD LANE NO. 27 Page No.# 2/8 SILCHAR PIN 788007 4: SMT. SIKHA NATH W/O LATE AJIT KUMAR NATH R/O DHARMIKHAL GRANT BORAIBASTI SUB DIVISION SONAI DISTRICT CACHAR ASSAM PIN 788116. 5: SRI SANJOY KUMAR NATH @ SRI SANJOY NATH R/O DHARMIKHAL GRANT BORAIBASTI SUB DIVISION SONAI DISTRICT CACHAR ASSAM PIN 788116. 6: ON THE DEATH OF SMTI. SURO BALA NATH HER LEGAL HERI SHRI KUNJA BENODE NATH S/O LATE SURO BALA NATH R/O 12 LINK ROAD LANE-2 UTTAR KRISHNAPUR PT-III SILCHAR ASSAM -788006 7: SMTI TURO BALA NATH D/O LATE SANTOSH KUMAR NATH R/O 12 LINK ROAD LANE-2 UTTAR KRISHNAPUR PT-III SILCHAR ASSAM -78800 VERSUS ON THE DEATH OF GYANENDRA KUMAR NATH , HIS WIFE SMTI SMRITI Page No.# 3/8 RANI NATH AND ORS W/O GYANANDA KUMAR NATH, R/O VILLAGE AND PO NARSINGPUR, MOUZA NARSINGPUR, PART-I, BANRAJ, PS SONAI, SADAR SUB- DIVISION , DISTRICT CACHAR, ASSAM 2:SRI PANNA NATH S/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 3:SRI PAPPU NATH S/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 4:SRI SIBANI NATH D/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 5:MISS BHITI NATH (MINOR DAUGHTER) D/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ Page No.# 4/8 PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 6:SRI SATYAMANI NATH S/O LATE KUTI NATH VILLAGE SALEHPUR MOUZA NARSINGPUR PART-I PO NARSINGPUR PIN-788115 BANRAJ POLICE STATION SONAI SADAR SUB DIVISION DISTRICT CACHAR ASSAM 7:SRI SUDHA RANJAN NATH @ SUDHIR RANJAN NATH S/O LATE SAHDEB NATH VILLAGE AND PO NARSINGPUR PIN-788115 MOUZA NARSINGPUR PART-I BANRAJ POLICE STATION SONAI SADAR SUB DIVISION DISTRICT CACHAR ASSA Advocate for the Petitioner : MR. S P ROY, JYOTISH DAS,MS. V RAI,MS. P AGARWALA,MS P DEY Advocate for the Respondent : MR. I ALAM, Linked Case : RSA/57/2005 SUBHASH CHANDRA NATH VERSUS Page No.# 5/8 ON THE DEATH OF GYANENDRA KUMAR NATH HIS WIFE SMTI SMRITI RANI NATH AND ORS W/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 2:SRI PANNA NATH S/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 3:SRI PAPPU NATH S/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 4:SRI SIBANI NATH D/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM Page No.# 6/8 5:MISS BHITI NATH (MINOR DAUGHTER) D/O GYANANDA KUMAR NATH R/O VILLAGE AND PO NARSINGPUR MOUZA NARSINGPUR PART-I BANRAJ PS SONAI SADAR SUB- DIVISION DISTRICT CACHAR ASSAM 6:SRI SATYAMANI NATH S/O LATE KUTI NATH VILLAGE SALEHPUR MOUZA NARSINGPUR PART-I PO NARSINGPUR PIN-788115 BANRAJ POLICE STATION SONAI SADAR SUB DIVISION DISTRICT CACHAR ASSAM 7:SRI SUDHA RANJAN NATH @ SUDHIR RANJAN NATH S/O LATE SAHDEB NATH VILLAGE AND PO NARSINGPUR PIN-788115 MOUZA NARSINGPUR PART-I BANRAJ POLICE STATION SONAI SADAR SUB DIVISION DISTRICT CACHAR ASSAM ------------ Advocate for : MR.K RAJBONGSHI Advocate for : MRS.M DAS appearing for ON THE DEATH OF GYANENDRA KUMAR NATH HIS WIFE SMTI SMRITI RANI NATH AND ORS Page No.# 7/8 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 13.08.2025 Heard Mr. S. P. Roy, learned counsel for the appellant and Mr. T. Sheikh, learned counsel for the respondents/opposite parties. 2) This application under Section 5 of the Limitation Act has been preferred by the applicant for condonation of delay of [(a) 5255 days for the appellant No. 1; (b) 173 days for the appellant No. 2; and (c) 5810 days for the appellant No. 6] in filing the petition, for setting aside the abatement, for bringing on record the legal heirs of the deceased appellants. 3) Mr. Roy, learned counsel for the applicant submits that the ground for delay in filing the application has been explained in paragraph Nos. 2 to 12 of the application. He also submits that though he made several attempts to contact the applicants, yet he could not establish contact with the applicants, and that the delay is not intentional, rather the same is circumstantial and that the connected second appeal had already been restored to the file and under such circumstances, Mr. Roy contended to allow this application. 4) Per-contra, Mr. Sheikh, learned counsel for the respondents/opposite parties has opposed the application on the ground that the delay has not sufficiently been explained, and that he has also filed an affidavit, raising objection in condonation of the delay. 5) Having heard the submissions of the learned counsel for both the sides, I have carefully gone through the petition and the documents placed on the record and also perused the statements and averments made in paragraph Nos. 2 to 12 of the application. Also, I have perused the objection filed by the learned counsel for the respondent in paragraph Nos. 2 to 8. 6) Taking note of the submissions made by the learned counsels for both the parties and also considering the explanation, so put forward in the application; this Court is of the view that the delay in filing the petition for setting aside the abatement, for brining on Page No.# 8/8 record the legal heirs of the appellant, stands sufficiently explained and accordingly, the same stands condoned. 7) In terms of the above, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant