Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010143142025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2459/2025 TAYAB ALI S/O LATE PIARU SHEIKH, RESIDENT OF VILLAGE DHARMASALA PART IV, PO AND PS DHUBRI, ASSAM 2: ON THE DEATH OF MD. ISAB ALI @ YUSUP HIS LEGAL HEIRS 2.1: JAHIRUL HOQUE SON
RESIDENT OF VILLAGE UCHITA PO GOLAKGANJ DIST DHUBRI ASSAM 783334 2.2: NAZRUL HOQUE SON
RESIDENT OF VILLAGE UCHITA PO GOLAKGANJ DIST DHUBRI ASSAM 783334 2.3: MUNNI BIBI DAUGHTER
RESIDENT OF VILLAGE UCHITA PO GOLAKGANJ DIST DHUBRI ASSAM 783334 3: MD. AYUB ALI
Page No.# 2/5 4: MD. AZAD ALI
5: MD. FAZAR ALI. ALL ARE SONS OF LATE PIARU SHEIKH RESIDENTS OF VILLAGE- DHARMASALA PART-IV P.O. and P.S. DHUBRI ASSAM VERSUS ON THE DEATH OF NAIMUDDIN HIS LEGAL HEIRS 1.1:SRI BABUR ALI RESIDENT OF DHAMASALA PART IV PO DHAMASALA PS DHUBRI DIST DHUBRI ASSAM 1.2:SRI TOSER ALI
2.1:ON THE DEATH OF HEPA SK. HIS LEGAL HEIRS SRI ABDUL AZIZ
2.2:SRI SALAM SK. 2.3:SRI ALAMAT SK. 2.4:SRI ALI HUSSAIN SK
2.5:SRI ABUL SK
2.6:SRI SHAHALOM
2.7:SRI MAHOLOM
2.8:SMTI AKLIMA
Page No.# 3/5 2.9:SMTI AIMONA
2.10:SMTI. CHAMPA
3:SRI AYNAL HOQUE
4:SRI ABDUL HOWUE
5:SRI SOHAR ALI
6:SRI MOKSED ALI
7:SRI MONIRUDDIN
8:SRI JEARUDDIN
9:SRI NOBAB ALI
10:SRI AMSAR ALI
11.1:ON THE DEATH OF JABBAR ALI HIS LEGAL HEIRS SRI MOJIBUR RAHMAN
11.2:SRI MOHAMMAD ALI
11.3:SRI ZAKIR ALI
11.4:SRI MOINUL HOQUE
11.5:SRI NASIR ALI
11.6:SRI MUSTAKIM ALI
Page No.# 4/5
11.7:SRI AMINUR RAHMAN
11.8:SRI SHAHENURKHATUM
11.9:SMTI SHAHIDA KHATUN
11.10:SMTI. JORINA KHATUN
12.1:ON THE DEATH OF BHUDU SK HIS LEGAL HEIRS SRI NABAB ALI
12.1.2:SRI WASKORONI
12.1.3:SMTI KESHBHAB BEWA
12.1.4:SMTI NAZIRAN KHATUN
12.1.5:SMTI DEBRI KHATUN
12.1.6:SMTI FATI KHATUN
12.2:SRI AYUB ALI
12.3:SRI SAIYAD ALI. ALL ARE RESIDENTS OF VILLAGE- DHAMASALA PART-IV P.O.- DHAMASALA P.S.- DHUBRI DISTRICT- DHUBRI ASSAM Advocate for the Petitioner : MS. R CHOUDHURY, Advocate for the Respondent : , MS.P CHETIA,MR G P BHOWMIK,MS M KALITA
Page No.# 5/5 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 06.08
.2025 Heard Ms. B. Hazarika, learned counsel for the applicants and also heard Ms. R. Kar, learned counsel for the respondents/opposite parties. This application under Section 5 of the Limitation Act, 1963 is preferred by the applicants for condonation of delay of 37 days in substituting the legal heirs of the deceased appellant No.2, who suffered demise on 17.02.2025.
The learned counsel for the respondents/opposite parties submits that she has no objection. Taking note of the submission of learned counsel for both the parties and also considering the explanation so put forwarded in paragraph 3 of the application, this Court is of the view that the delay of 37 days is sufficiently explained and accordingly, the same stands condoned. In terms of above, this I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE