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2025 DAILYLAW 15207 (GAU)

BIMAL GHOSH v. APARAJITA NATH

I.A.(Civil)/2266/2025 · 2025-07-27

Kaushik Goswami, Michael Zothankhuma

body2025

Judgment text

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Page No.# 1/2 GAHC010142792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2266/2025 BIMAL GHOSH S/O LATE SANTOSH GOPE, R/O HOUSE NO. 15, BYLANE NO. 10, GANESH MANDIR PATH, BAMUNIMAIDAM, P.O. AND P.S. NOONMATI, DIST. KAMRUP (M), ASSAM. VERSUS APARAJITA NATH W/O SRI BIMAL GHOSH, D/O SRI KALYAN KR. NATH, R/O NIGAJI PUMP, AMBIKAGIRI NAGAR, P.O. AND P.S. GEETANAGAR, GUWAHATI, DIST. KAMRUP (M), ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. J GHOSH,MS. U NANDA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 28.07.2025 (M. Zothankhuma, J) Heard Ms. D. Chakraborty, learned counsel appearing on behalf of Mr. S.C. Page No.# 2/2 Biswas, learned counsel for the applicant, who submits that there is a delay of 47 days in filing the appeal against the impugned judgment and order dated 07.04.2025 passed by the learned Principal Judge, Family Court-1, Kamrup(M) in F.C.(Civil) Case No.451/2022. The applicant’s case is that though the impugned judgment and order was delivered on 07.04.2025, the applicant was not informed of the same by his engaged counsel and he came to know about it only in the last week of May, 2025. Thereafter, a delay of 47 days occurred due to the time taken for obtaining a certified copy of the impugned judgment and order, consulting a counsel and filing the present appeal and application. On considering the grounds taken by the applicant, we are of the view that sufficient cause for the delay has been made out. Accordingly, the delay of 47 days is condoned. Registry to register the appeal and list the same after a week. I.A.(Crl.) is accordingly allowed and disposed off. JUDGE JUDGE Comparing Assistant