Page No.# 1/5 GAHC010187722024 2025:GAU-AS:5090 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3510/2024 GURUMUKH SINGH AND 5 ORS RESIDENT OF HATIPARA, MOUZA PAKHIMARA, PS NAGAON SADAR, DIST NAGAON ,ASSAM 2: SRI RANJIT SINGH @ MONJIT SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSAM 3: SRI JASBIR SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSAM 4: SRI MUKULO SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSAM 5: SRI CHARAN SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSAM 6: SMTI KULDEEP KOUR W/O LATE PRATAP SINGH Page No.# 2/5 RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSA VERSUS MOHAN SINGH AND 3 ORS S/O LATE JASWANT SINGH, RESIDENT OF HATIPARA, MOUZA PAKHIMARA, PS NAGAON SADAR, DIST NAGAON ,ASSAM 2:SRI HARJIT SINGH S/O LATE JASWANT SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSAM 3:SMTI MANDIRA KOUR D/O LATE GUDAT SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSAM 4:HARJIT SINGH S/O LATE GUDAT SINGH RESIDENT OF HATIPARA MOUZA PAKHIMARA PS NAGAON SADAR DIST NAGAON ASSA For the Applicant(s) : Mr. A. Islam, Advocate For the Respondent(s) : Mr. G. Bharadwaj, Advocate Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 25.04.2025 Heard Mr. A. Islam, the learned counsel appearing on behalf of the applicants. Mr. G. Bharadwaj, the learned counsel appears on behalf of the respondents. 2. This is an application filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 500 days in preferring the appeal against the order dated 24.08.2022 passed by the learned Court of the Civil Judge, Nagaon (hereinafter referred to as, “the learned First Appellate Court”) in Misc (J) Case No. 14/2020 arising out of Title Appeal No. Nil/2020 whereby the application seeking condonation of delay in preferring the first appeal was dismissed. 3. From a perusal of the application, it is seen that that an appeal was preferred against the judgment and decree dated 20.12.2019 passed in Title Suit No. 130/2013 before the learned First Appellate Court. There was a delay in filing the appeal by 16 days, for which, an application was filed seeking condonation of delay. The application so filed for condonation of delay was registered as Misc (J) Case No. 14/2020. The learned First Appellate Court vide an order dated 24.08.2022 dismissed the said application on the ground that there was no sufficient cause shown. However, after passing the said order there was no consequential order passed that the appeal so filed cannot be entertained on the ground of being time barred. Consequently, the applicants herein preferred an appeal before the learned Court of the District Judge, Page No.# 4/5 Nagaon against the said order dated 24.08.2022 passed in Misc (J) Case No. 14/2020 which was registered and numbered as Misc Appeal No. 01/2023. The said Misc Appeal No. 01/2023 was dismissed vide an order dated 12.10.2023 on the ground that the said appeal was not maintainable. 4. Subsequent thereto, the applicants filed an application under Order XLI Rule 11 read with Section 3 of the Limitation Act, 1963 praying for preparation of the decree of Title Appeal No. Nil/2022 so that the applicants can avail their statutory appeal under Section 100 of the Code of Civil Procedure, 1908 before this Court. The said application was disposed of vide an order dated 29.01.2024 stating inter alia that there was no necessity of passing any order in the Title Appeal and accordingly the said application was rejected. Subsequent thereto, the present appeal was filed on 19.04.2024 along with the present condonation application. 5. This Court vide an order dated 20.11.2024 issued notice. Pursuant thereto, the respondents appeared and filed their written objections. In the said written objection, it was mentioned that after the dismissal of the Misc Appeal No. 01/2023 on 12.10.2023 by the learned Court of the District Judge, Nagaon, the statement that a petition No. 177/2024 was filed for preparation of the decree cannot be considered as no decree is prepared once a delay condonation petition is dismissed. It was also mentioned that the applicants have failed to produce any documents to substantiate their statements. Further to that, the applicants also failed to explain the delay caused from 12.10.2023 to 10.09.2024. 6. This Court has duly heard the learned counsels appearing on behalf of the parties and given an anxious consideration to the respective Page No.# 5/5 submissions. 7. From the materials on record, it is seen that on account of wrong advice, the applicants have been filing appeals as well as applications before various Courts instead of approaching this Court. 8. Be that as it may, this Court is of the opinion that the delay so caused in preferring the accompanying appeal is not deliberate, but on account of mistaken advice. Under such circumstances, it is the opinion of this Court that the delay in preferring the accompanying appeal is required to be condoned. Accordingly, the delay of 500 days in preferring the accompanying appeal is condoned. 9. The Registry shall register the accompanying appeal and list the appeal under the column of Order LXI Rule 11 of the Code of Civil Procedure, 1908. 10. With the above, the present Interlocutory Application stands disposed of. JUDGE Comparing Assistant