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2025 DAILYLAW 16463 (GAU)

ANJUMA KHATUN v. MD SULTAN MONDAL

I.A.(Civil)/2313/2025 · 2025-07-31

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010162132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2313/2025 ANJUMA KHATUN W/O LATE MD. SULTAN MOLLAH @ ABDUL SULTAN MOLLAH, RESIDENT OF WARD NO. IV, ISLAMPUR, PO GAURIPUR, DIST DHUBRI, ASSAM, VERSUS MD SULTAN MONDAL S/O SAFIUR RAHMAN MONDAL, RESIDENT OF FULERCHAR, PS SOUTH SALMARA, DIST DHUBRI, ASSAM 2:THE NATIONAL INSURANCE CO. LTD. KOKRAJHAR BRANCH REP. BY THE REGIONAL OFFICE GUWAHATI GS ROAD BHANGAGARH DIST KAMRUPM ASSA Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. R K BHATRA, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 01.08.2025 Heard Mr. A R Agarwalla, learned counsel for the applicant. Also heard the learned counsel for the respondent. This is an application filed under Section 5 of the Limitation Act praying for condonation of delay of 2116 days in preferring the substitution petition in MAC Appeal No. 258/2017. The connected appeal was listed before the Lok Adalat that was held on 14.06.2025. On that day, both sides agreed to settle the dispute at an enhanced amount of Rs.6,00,000/- as the appellant had already died. Therefore, substitution petition was directed to be filed for re- settlement of the case. For the aforesaid reasons, the delay stands condoned. The connected substitution petition be registered and listed for admission hearing on 06.08.2025. With the above, the present interlocutory application is disposed of. JUDGE Comparing Assistant