Page No.# 1/4 GAHC010185332024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3190/2024 SRI TARLOK SINGH and ORS S/O LT. AMLOK SINGH ,RESIDENT OF GARALI, WARD NO.8, P.O. AND DIST. JORHAT, ASSAM. 2: SHRI GURMIT SINGH S/O LT. AMLOK SINGH RESIDENT OF GARALI WARD NO.8 P.O. AND DIST. JORHAT ASSAM. 3: SHRI SARBJIT SINGH S/O LT. AMLOK SINGH RESIDENT OF GARALI WARD NO.8 P.O. AND DIST. JORHAT ASSAM VERSUS ON THE DEATH OF JATINDRA NATH BHARALI HIS LEGAL HEIRS CHARUMA BHARALI AND ORS 1.1:CHARUMA BHARALI W/O LATE JATINDRA NATH BHARALI R/O PRINCE OF WALES RESIDENTIAL CAMPUS P.O. AND DISTRICT JORHAT ASSAM 1.2:RAJ BHARALI S/O LATE JATINDRA NATH BHARALI Page No.# 2/4 R/O PRINCE OF WALES RESIDENTIAL CAMPUS P.O. AND DISTRICT JORHAT ASSAM 1.3:RAJA BHARALI S/O LATE JATINDRA NATH BHARALI R/O PRINCE OF WALES RESIDENTIAL CAMPUS P.O. AND DISTRICT JORHAT ASSAM 1.4:RANA BHUSHAN BHARALI S/O LATE JATINDRA NATH BHARALI R/O PRINCE OF WALES RESIDENTIAL CAMPUS P.O. AND DISTRICT JORHAT ASSAM 2:SRI PRAKASH RANJAN SARKAR S/O LT. BIMAN BIHARI SARKAR RESIDENT OF WARD NO. 6 GOLAGHAT TOWN DIST. GOLAGHAT ASSAM 3:SMTI JYOTI SARKAR WO LT. BINOD BIHARI SARKAR RESIDENT OF WARD NO. 6 GOLAGHAT TOWN DIST. GOLAGHAT ASSAM 4:SRI MANJIT SARKAR S/O LT. BINOD BIHARI SARKAR RESIDENT OF WARD NO. 6 GOLAGHAT TOWN DIST. GOLAGHAT ASSAM 5:SRI BIJIT SARKAR S/O LT. BIMAN BIHARI SARKAR RESIDENT OF WARD NO. 6 GOLAGHAT TOWN DIST. GOLAGHAT ASSA Page No.# 3/4 Advocate for the Petitioner : MR. D MOZUMDER, MR. S BISWAS Advocate for the Respondent : MR. T J MAHANTA (R-1.b, 1.1,1.3,1.4), MR. A BORUA(R-1.b, 1.1,1.3,1.4),MR T GOGOI(R-1.b,1.1,1.3,1.4)),MS. P BHATTACHARYA(R-1.b, 1.1,1.3,1.4)) In RSA Case No. 59/2009 WITH RSA Case No. 59/2009 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 21.04.2025 1. Heard Mr. S. Biswas, the learned counsel for the applicants. Also heard Mr. A. Borua, the learned counsel for the respondent Nos. 1(a), 1(b), 1(c) and 1(d). 2. This application under Section 5 of the Limitation Act, 1963 has been preferred by the applicants for condoning the delay of 1025 days for filing the application for setting aside abatement and for substituting the legal heirs of the deceased respondent No. 1 in RSA No. 59/2009. 3. The learned counsel for the applicants has stated the reasons for approaching this Court beyond the period of limitation in paragraph No. 7 of the instant application. 4. The learned counsel for the respondents has not opposed the prayer. 5. Considering the submissions made by the learned counsel for the parties, as well as considering the grounds stated in paragraph No. 7 of the Page No.# 4/4 present application, this Court is of the considered opinion that the delay of 1025 days has been sufficiently explained by the applicants. 6. This Interlocutory Application is accordingly allowed and the delay of 1025 days is accordingly condoned. JUDGE Comparing Assistant