Page No.# 1/10 GAHC010123502023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1703/2023 LUIT BARMAN AND ANR S/O- LATE BIPIN CHANDRA BARMAN, R/O- BELTOLA, GUWAHATI, ASSAM, PIN-781028 2: KISHORE KUMAR HALOI S/O LATE SABHARAM HALOI PRESENTLY RESIDING AT MI HERITAGE FLAT NO. C-2 SANGAHATI PATH 2ND BYE LANE KAILASH NAGAR GUWAHATI PIN-78102 VERSUS ON THE DEATH OF ISHWAR DUTTA, HIS LEGAL HEIRS AND LEGAL REPRESENTATIVES AND ORS. NAMELY 1.1:MRS. CHAMPA DUTTA W/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.2:MRS. RUPA DUTTA @ BARMAN D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 Page No.# 2/10 DIST-KAMRUP (M) ASSAM 1.3:MRS. SUMAN DUTTA CHOUDHURY D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.4:MRS. ABHINITA DUTTA D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.5:MRS. JILAM DUTTA @ RAJKHOWA D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.6:MRS. NILAM DUTTA D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 2:ON THE DEATH OF PREMJIT DUTTA HIS LEGAL HEIRS AND LEGAL REPRESENTATIVES NAMELY 2.1:SMT. MEENAKSHI DUTTA Page No.# 3/10 R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 2.2:HARSHIL DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 2.3:KRISH DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 3:ANUJ DUTTA S/O LATE TILOTTAMA DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSA Advocate for the Petitioner : MR G BHARADWAJ, MR N BRAHMA Advocate for the Respondent : , Linked Case : I.A.(Civil)/2059/2019 SRI LUIT BARMAN AND ANR Page No.# 4/10 S/O- LATE BIPIN CH. BARMAN R/O- BELTOLA GUWAHATI-28 ASSAM. BARMAN R/O- BELTOLA GUWAHATI-28 ASSAM. 2: SRI KISHORE KUMAR HALOI S/O- LATE SABHARAM HALOI PRESENTLY RESIDING AT ML HERITAGE FLAT NO. C-2 SANGAHATI PATH 2ND BYE LANE KAILASH NAGAR GUWAHATI. VERSUS ON THE DEATH OF ISHWAR DUTTA HIS LEGAL HEIRS REPRESENTING AND 2 ORS. GUWAHATI-1 ASSAM 1.1:MRS. CHAMPA DUTTA R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 1.2:MRS. RUPA DUTTA @ BARMAN R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 1.3:MRS. SUMAN DUTTA CHOUDHURY R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 1.4:MRS. ABHINITA DUTTA R/O- S.C. GOSWAMI ROAD Page No.# 5/10 IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 1.5:MRS. JILAM DUTTA @ RAJKHOWA R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 1.6:MRS. NILAM DUTTA R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 2:SRI PREMJIT DUTTA S/O- LATE TILOTTAMA DUTTA R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. 3:SRI ANUJ DUTTA S/O- LATE TILOTTAMA DUTTA R/O- S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-01 DIST.- KAMRUP(M) ASSAM. ------------ Advocate for : MR. A IKBAL Advocate for : MR P K KALITA appearing for ON THE DEATH OF ISHWAR DUTTA Page No.# 6/10 HIS LEGAL HEIRS REPRESENTING AND 2 ORS. Linked Case : SRI LUIT KUMAR BARMAN AND ANR VERSUS ON THE DEATH OF ISHWAR DUTTA HIS LEGAL HEIRS AND 7 ORS ------------ Advocate for : Advocate for : appearing for ON THE DEATH OF ISHWAR DUTTA HIS LEGAL HEIRS AND 7 ORS Linked Case : MC/50/2023 LUIT BARMAN AND ANR S/O- LATE BIPIN CHANDRA BARMAN R/O- BELTOLA GUWAHATI ASSAM PIN-781028 2: KISHORE KUMAR HALOI S/O LATE SABHARAM HALOI PRESENTLY RESIDING AT MI HERITAGE FLAT NO. C-2 SANGAHATI PATH 2ND BYE LANE KAILASH NAGAR GUWAHATI PIN-781028 VERSUS ON THE DEATH OF ISHWAR DUTTA HIS LEGAL HEIRS AND LEGAL REPRESENTATIVES AND ORS. NAMELY 1.1:MRS. CHAMPA DUTTA W/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE Page No.# 7/10 ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.2:MRS. RUPA DUTTA @ BARMAN D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.3:MRS. SUMAN DUTTA CHOUDHURY D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.4:MRS. ABHINITA DUTTA D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.5:MRS. JILAM DUTTA @ RAJKHOWA D/O ISHWAR DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 1.6:MRS. NILAM DUTTA D/O ISHWAR DUTTA Page No.# 8/10 R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 2:ON THE DEATH OF PREMJIT DUTTA HIS LEGAL HEIRS AND LEGAL REPRESENTATIVES NAMELY 2.1:SMT. MEENAKSHI DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 2.2:HARSHIL DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 2.3:KRISH DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM 3:ANUJ DUTTA S/O LATE TILOTTAMA DUTTA R/O S.C. GOSWAMI ROAD IN FRONT OF SUKLESWAR TEMPLE ADJACENT BUILDING OF G.K. DRUGS AND SURGICALS PANBAZAR GUWAHATI-781001 DIST-KAMRUP (M) ASSAM Page No.# 9/10 ------------ Advocate for : MR G BHARADWAJ Advocate for : appearing for ON THE DEATH OF ISHWAR DUTTA HIS LEGAL HEIRS AND LEGAL REPRESENTATIVES AND ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.04.2025 Heard Mr. G. Bhardwaj, the learned counsel for applicant. On perusal of the office note dated 22.11.2024, it appears that the notice issued to all the respondents have been received by respondent No.1. In view of the aforesaid office note, the notices issued to respondents are held to be duly served. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicants for condoning the delay of 79 days in preferring the restoration petition for restoration of the Interlocutory Application No. 2059/2019, which was filed for condoning the delay in preferring a connected Regular Second Appeal. The applicant has stated the reasons for approaching this Court beyond the period of limitation in paragraph No. 3 of the application for condoning the delay. After hearing the learned counsel for the applicants and after considering the grounds stated in paragraph No. 3 of the application, this Court is of the considered opinion that the delay of 79 days in approaching the Court for filing the application for restoration of Misc Case No. 50/2023 duly served. Page No.# 10/10 The said delay is condoned and this Interlocutory Application is allowed. JUDGE Comparing Assistant