Page No.# 1/3 GAHC010234112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4089/2018 AFFECTED PEOPLES CO-ORDINATION COMMITTEE OF N.C. HILLS REP. BY ITS PRESIDENT- SRI PROBON LANGTHASA CONVENT ROAD HAFLONG DIMA HASAO DISTRICT PIN- 788819 VERSUS THE UNION OF INDIA AND 2 ORS REP. BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI- 781011 2:THE CHIEF ENGINEER (CON. B.G.) N.F. RAILWAY GUWAHATI 3:THE DEPUTY CHIEF ENGINEER (CON. B.G.) N.F. RAILWAY LUMDING NAGAON ------------ Advocate for : MR D C K HAZARIKA Advocate for : MR A DASGUPTA appearing for THE UNION OF INDIA AND 2 ORS Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : --14.07.2025 [M. Choudhury, J] Heard Mr. D.C.K. Hazarika, learned counsel for the applicants and Mr. A. Dasgupta, learned Senior Counsel assisted by Dr. B.N. Gogoi, learned counsel for the opposite parties. 2. The instant application under Order 6, Rule 16 of the Code of Civil Procedure, 1908 is preferred for striking out the defence pleading filed in the form of an affidavit-in-opposition by the opposite party no. 16 in I.A.[Civil] no. 4269/2017 in Hill Appeal / Regular First Appeal no. 137/2017. 3. The applicants had preferred a Special Leave to Appeal [C] no[s]. 14185-14186/2019 in connection with an Order dated 05.04.2019 passed in I.A.[Civil] no. 4269/2017, arising out of Hill Appeal / Regular First Appeal no. 137/2017. The SLP was disposed of by an Order dated 08.07.2019 by the Hon’ble Supreme Court of India. 4. The relevant excerpts of the Order dated 08.07.2019 read as under :- We have heard learned counsel appearing on behalf of the petitioners and perused the relevant material. The petitioners-plaintiffs aggrieved by the impugned order passed by the High Court of Gauhati in and by which the High Court has condoned the delay of 1289 days in filing the appeal by Union of India. The High Court has found that the delay of 1289 days in filing the appeal has been satisfactorily explained and we do not find any reason warranting interference with the order passed by the High Court. The special leave petitions are, accordingly, dismissed. The petitioners are at liberty to raise all the contentions on merits before the Page No.# 3/3 High Court in the pending matter. Pending application(s), if any, shall also stand disposed of. 5. In view of the liberty granted to the applicants to raise all contentions in Hill Appeal / Regular First Appeal no. 137/2017, Mr. Hazarika, leaned counsel for the applicants has submitted that the instant application can be closed. 6. In view of the liberty so granted by the Hon’ble Supreme Court of India vide Order dated 08.07.2019 in the afore-stated manner and the submission of the learned counsel for the applicants, the instant application stands closed. JUDGE JUDGE Comparing Assistant