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2025 DAILYLAW 12064 (GAU)

1448 BCC GREF LIKABALI AND ANOTHER v. SMT DIPANJALI SAHU AND OTHERS

I.A.(Civil)/1212/2023 · 2025-04-24

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010097322023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1212/2023 1448 BCC GREF LIKABALI AND ANOTHER 1448 BCC GREF, LIKABALI, CO 99 APO. VERSUS SMT DIPANJALI SAHU AND OTHERS W/O LATE SANTOSH SAHU RESIDENT OF WARD NO. 3, DHEMAJI TOWN, PO, PS AND DIST DHEMAJI, ASSAM 2:SMTI SHEFALI SAHU M/O LATE SANTOSH SAHU RESIDENT OF WARD NO. 3 DHEMAJI TOWN PO PS AND DIST DHEMAJI ASSAM 3:SMTI MOMI SAHU TO BE REP. BY. RES. NO. 2 RESIDENT OF WARD NO. 3 DHEMAJI TOWN PO PS AND DIST DHEMAJI ASSAM 4:SMTI PAHI SAHU TO BE REP. BY. RES. NO. 2 RESIDENT OF WARD NO. 3 DHEMAJI TOWN PO PS AND DIST DHEMAJI Page No.# 2/3 ASSA Advocate for the Petitioner : MR H GUPTA, Advocate for the Respondent : MR. D CHUTIA (R-1), MR SAURADEEP DEY (R-1) Linked Case : 1448 BCC GREF LIKABALI AND ANOTHER 1448 BCC GREF LIKABALI CO 99 APO. VERSUS SMT DIPANJALI SAHU AND OTHERS WARD NO.3 DHEMAJI TOWN PO DHEMAJI PS DHEMAJI DIST. DHEMAJI ASSAM PIN 787057 ------------ Advocate for : MR H GUPTA Advocate for : appearing for SMT DIPANJALI SAHU AND OTHERS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 25.04.2025 Heard Mr. H. Gupta, learned counsel for the applicant. Also heard Mr. D. Chutia, learned counsel appearing on behalf of all the respondents. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 297 days in filing the connected appeal. Page No.# 3/3 The ground for delay in filing the connected appeal has been explained in the Paragraphs 5, 6, 7, 8 & 9 of the condonation petition. Having heard the learned counsel for the petitioner and on perusal of the averment made in the above paragraphs, this Court is of the opinion that the applicant was prevented by sufficient cause in not filing the connected appeal within the stipulated time. Moreover, the learned counsel appearing on behalf of the respondents has also no objection for condonation of delay. In view of the above, the delay of 297 days in filing the connected appeal is hereby condoned. With the above, this interlocutory application stands disposed of. The Registry is directed to register the connected appeal and place it for admission. JUDGE Comparing Assistant