Page No.# 1/3 GAHC010162242024 2025:GAU-AS:5088 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2741/2024 SANKAR DAS AND 2 ORS S/O LATE PHANI BHUSAN DAS, RESIDENT OF WARD NO. 3 GNB ROAD, BIJNI TOWN, PO AND PS BIJNI, DIST CHIRANG, BTR, ASSAM 2: SRI ANJAN DAS S/O LATE PHANI BHUSAN DAS RESIDENT OF WARD NO. 3 GNB ROAD BIJNI TOWN PO AND PS BIJNI DIST CHIRANG BTR ASSAM 3: SRI KISHOR DAS S/O LATE PHANI BHUSAN DAS RESIDENT OF WARD NO. 3 GNB ROAD BIJNI TOWN PO AND PS BIJNI DIST CHIRANG BTR ASSA VERSUS SUBRATA DAS AND 2 ORS S/O LATE PHANI BHUSAN DAS, RESIDENT OF WARD NO. 3 GNB ROAD, BIJNI TOWN, PO AND PS BIJNI, DIST CHIRANG, BTR, ASSAM 2:SMTI. SHIKHA SARKAR Page No.# 2/3 D/O LATE PHANI BHUSAN DAS W/O LATE NITAI SARKAR RESIDENT OF WARD NO. 8 JYOTI NAGAR BARPETA ROAD PO SIMLAGURI PS BARPETA ROAD DIST BARPETA ASSAM 3:SMTI. SEEMA DEY D/O LATE PHANI BHUSAN DAS W/O SRI KAMAL DEY RESIDENT OF BABUPARA NO. 3 PO AND PS BARPETA ROAD DIST BARPETA ASSA Advocate for the Petitioner : MS R SAHA, MR. B J MUKHERJEE Advocate for the Respondent : MR. A K HUSSAIN (R-1), MS S HAZARIKA(R-1),MR. B HUSSAIN(R-1) BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 25.04.2025 This is an application under Section 5 of the Limitation Act, 1963, read with Order 41 Rule 3A of the Code of Civil Procedure, 1908, seeking condonation of delay of 37 days in preferring the accompanying second appeal against the Judgment and Decree dated 04.04.2024, passed in Title Appeal No. 1/2023, by the learned Court of the learned Additional District Judge, Bijni, Chirang. 2. I have heard the learned counsels appearing on behalf of the petitioners as well as the respondents, and have also perused the said application. 3. On a perusal of the said application, this court finds that the grounds so assigned are justifiable grounds for coming within the ambit of sufficient cause, within the Page No.# 3/3 meaning of Section 5 of the Limitation Act. 4. Accordingly, the delay of 37 days in preferring the accompanying appeal is condoned. 5. Interlocutory Application stands disposed of. 6. The Registry is directed to register the accompanying appeal and list it for hearing under Column of Order 41 Rule 11 CPC. JUDGE Comparing Assistant