Page No.# 1/3 GAHC010153302025 2025:GAU-AS:9945 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2231/2025 MR RATAN DAS S/O LT CHINTAHARAN DAS R/O SARUPATHAR TOWN WARD NO. 2 MOUZA AND PO SARUPATHAR PIN 785601 DIST GOLAGHAT ASSAM VERSUS MR KAMAKHYA PRASAD AGARWALLA ALIAS KAMAKHYA PRASAD BAGARIA AND ORS S/O LT KRISHANLAL AGARWALLA PRESNTLY R/O AT BHANGAGARH GUWAHATI 5 KAMRUP METRO ASSAM 2:SURESH KUMAR BAGARIA S/O LT KISHANLAL AGARWALA PRESNTLY RESIDING AT REHABARI PO AND PS PALTANBAZAR GUWAHATI 8 KAMRUP METRO ASSAM 3:JUGAL KISHORE BAGARIA S/O LT KISHANLAL AGARWALLA PRESNTLY RESIDING AT MAJULKAR COLONY PIMPRI PUNE PIN 411018 4:RAMESH KUMAR BAGARIA S/O LT KISHNLAL AGARWLLA PRESNTLY RESIDING AT FLAT NO. 1A FIRST FLOOR PRAKRITI PALM SHAKTIGARH PATH GS ROAD GUWAHATI 5 KAMRUP METRO ALL ARE PERMANENT R/O SARUPATHAR TOWN WARD NO. 2 MOUZA AND PS SARUPATHAR PIN 785601 DIST GOLAGHAT ASSA Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR B P SARMAH,MR. C CHAKRAVARTY,MR. R HAZARIKA,MR. S SARMA Advocate for the Respondent : , Page No.# 2/3 Linked Case : RATAN DAS S/O LT CHINTAHARAN DAS R/O SARUPATHAR TOWN WARD NO. 2 MOUZA AND PO SARUPATHAR PIN 785601 DIST GOLAGHAT ASSAM VERSUS MR KAMAKHYA PRASAD AGARWALLA ALIAS KAMAKHYA PRASAD BAGARIA AND ORS S/O LT KRISHANLAL AGARWALLA PRESNTLY R/O AT BHANGAGARH GUWAHATI 5 KAMRUP METRO ASSAM 2:SURESH KUMAR BAGARIA S/O LT KISHANLAL AGARWALA PRESNTLY RESIDING AT REHABARI PO AND PS PALTANBAZAR GUWAHATI 8 KAMRUP METRO ASSAM 3:JUGAL KISHORE BAGARIA S/O LT KISHANLAL AGARWALLA PRESNTLY RESIDING AT MAJULKAR COLONY PIMPRI PUNE PIN 411018 4:RAMESH KUMAR BAGARIA S/O LT KISHNLAL AGARWLLA PRESNTLY RESIDING AT FLAT NO. 1A FIRST FLOOR PRAKRITI PALM SHAKTIGARH PATH GS ROAD GUWAHATI 5 KAMRUP METRO ALL ARE PERMANENT R/O SARUPATHAR TOWN WARD NO. 2 MOUZA AND PS SARUPATHAR PIN 785601 DIST GOLAGHAT ASSAM ------------ Advocate for : MR. JYOTIRMOY ROY Advocate for : appearing for MR KAMAKHYA PRASAD AGARWALLA ALIAS KAMAKHYA PRASAD BAGARIA AND ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.08.2025 Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. R Hazarika, learned counsel for the applicant and Ms. P. Mishra, learned counsel for all the opposite parties. 2) This application under Section 5 of the Limitation Act, is preferred by the applicant for condoning the delay of 50 days in preferring the connected Civil Revision Petition, Page No.# 3/3 against the judgment and decree dated 21.05.2025, passed by the learned Civil Judge (Sr. Div.), Golaghat, in Title Appeal No. 05/2023. 3) Mr. Roy, learned Senior Counsel for the applicant submits that out of 50 days, 14 days delay has already been condoned by this Court vide order dated 23.06.2025, in I.A. (Civil) No. 1887/2025 and the rest of the delay had taken place due to pursuing the matter in a wrong forum and as such, the delay may be condoned and the Civil Revision Petition may be admitted for hearing. 4) Ms. Mishra submits that she has no objection in the event of condoning the delay. 5) Taking note of the submissions made by the learned counsels for both the parties and also considering the facts and circumstances on the record and the explanation, so put forwarded by the learned counsel for the applicant, this Court is of the view that the delay is sufficiently explained, and accordingly, the same stands condoned. 6) In terms of the above, this interlocutory application stands disposed of. 7) In view of the order passed today in I.A. (Civil) No. 2231/2025, Registry will register the connected Civil Revision Petition and list the same before the Court on 06.08.2025. JUDGE Comparing Assistant