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2025 DAILYLAW 17487 (GAU)

GUNIN BURAGOHAIN v. BARUN GOGOI AND ANR

CRP(IO)/324/2025 · 2025-08-12

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010177772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/324/2025 GUNIN BURAGOHAIN S/O LATE NANDI BURAGOHAIN, RESIDENT OF CHANGMAI GAON, P.O- KADAMONI, P.S- BORDUBI, DISTRICT- TINSUKIA, ASSAM VERSUS BARUN GOGOI AND ANR S/O PHULESWAR GOGOI, RESIDENT OF MORANKARI GAON, P.O- KADAMONI, P.S- BORDUBI, DISTRICT- TINSUKIA, ASSAM 2:SUNMONI GOGOI S/O PHULESWAR GOGOI RESIDENT OF MORANKARI GAON P.O- KADAMONI P.S- BORDUBI DISTRICT- TINSUKIA ASSA Advocate for the Petitioner : MR. A K GUPTA, MR. R S MISHRA Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.08.2025 Heard Mr. A.K. Gupta, the learned counsel appearing for the petitioner. 2. This is an application under Section 227 of the Constitution of India challenging Page No.# 2/2 the order dated 30.06.2025 passed by the learned Civil Judge (Sr. Division), Tinsukia in Misc.(J) Case No.72/2024 arising out of the Appeal No.04/2024. 3. There was a delay of 7(seven) days in filing the appeal. Therefore, the petitioner filed an application under Section 5 of the Limitation Act praying for condonation of delay. The prayer for condonation of delay was rejected. 4. I have gone through the petition filed under Section 5 of the Limitation Act. 5. This Court is of the opinion that the delay has been satisfactorily explained. The trial court seems to have taken a strict approach while dealing with the prayer for condonation of delay. It is a settled position of law that for condonation of delay, the court should be sensitive. 6. For the aforesaid reasons, the impugned order dated 30.06.2025 passed by the learned Civil Judge (Sr. Division), Tinsukia in Misc.(J) Case No.72/2024 arising out of the Appeal No.04/2024 is set aside. 7. The delay stands condoned. 8. The appeal shall be admitted for hearing and for disposal in accordance with the procedure as laid down by law. With the aforesaid direction, the present Civil Revision Petition is disposed of. JUDGE Comparing Assistant