Page No.# 1/4 GAHC010197792024 2025:GAU-AS:8025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/380/2024 MD. RUHUL AMIN AND ANR S/O- LATE BASRULLAH SK 2: MD.ZOHIRUL ISLAM @MD JAHIRUL ISLAM S/O- LATE BASRULLAH SK R/O- VILLAGE- ARATGAO JHOWDANGA P.S AND DIST-SOUTH SALMARA MANKACHAR ASSA VERSUS ZIADUL ISLAM AND 3 ORS S/O- LATE MD.ABDUR RAHIM, R/O- VILLAGE- RANGAPANI, P.O- BORKONA, P.S AND DIST- SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 2:RAFIQUL ISLAM S/O- LATE MD.ABDUR RAHIM R/O- VILLAGE- RANGAPANI P.O- BORKONA P.S AND DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783131 3:RAKIDUL ISLAM S/O- LATE MD.ABDUR RAHIM R/O- VILLAGE- RANGAPANI Page No.# 2/4 P.O- BORKONA P.S AND DIST- SOUTH SALMARA MANKACHAR ASSAM PIN-783131 4:THE STATE OF ASSAM REP. BY THE COLLECTOR DIST- SOUTH SALMARA MANKACHAR ASSA For the Petitioner(s) : Ms. R. Choudhury, Advocate For the Respondent(s) : Mr. S.A. Ahmed, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 16.06.2025 Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the petitioners. Mr. S.A. Ahmed, the learned counsel appears on behalf of the respondents. 2. This is an application filed challenging the order dated 01.08.2024 passed by the learned Civil Judge (Senior Division), South Salmara, Mankachar (hereinafter referred to as, “the learned First Appellate Court”) in Petition No. 218/2023 whereby the delay of 3 (three) years in filing the Title Appeal against the judgment and decree dated 29.06.2019 in Title Suit No. 07/2016 was allowed. 3. It is relevant to take note of the facts which were mentioned in the condonation application, which led to the Page No.# 3/4 impugned order dated 01.08.2024, thereby condoning the delay. It has been stated in the application seeking condonation of delay that till 01.01.2020, the respondents herein had no knowledge about the judgment and decree dated 29.06.2019 as their engaged counsel did not inform about the said judgment and decree. Thereupon, immediately the respondents herein applied for the certified copy of the judgment and decree dated 26.06.2019 which was received on 08.01.2020. It is further seen that thereupon the respondents herein had given an amount of Rs. 13,500/- to certain counsel for filing the appeal and the said counsel did not file the appeal. The said aspect of the matter having come to light, the respondents herein had filed FIR against the counsels as well as also filed appropriate application before the Assam State Police Accountability Commission, Guwahati. Thereupon, it is seen that on 07.01.2023, the appeal was filed. 4. This Court has duly taken note of that the learned First Appellate Court having taken into consideration these materials on record had exercised its discretion to condone the delay after arriving in its discretion that the reasons assigned comes within the ambit of sufficient cause as mentioned in Section 5 of the Limitation Act, 1963. 5. It is very pertinent to observe, that this Court is not sitting Page No.# 4/4 as an Appellate Court. The question arises before this Court, as to whether, the discretion so exercised by the learned First Appellate Court in condoning the delay in filing the appeal against the judgment and decree dated 29.06.2019 was such as would require interference in exercise of the supervisory power. Taking into account that the learned First Appellate Court had exercised its discretion and the reasons so assigned in the said order does not appears to be such as to shock the judicial conscience of this Court. Accordingly, this Court does not find any good ground for interfering with the impugned order dated 01.08.2024 whereby the delay in filing the appeal was condoned, for which, the instant petition stands dismissed. 6. The interim order passed on 27.09.2024 whereby the further proceedings of Title Appeal No. 01/2023 pending before the learned Court of the Civil Judge (Senior Division), South Salmara, Mankachar was stayed is hereby vacated and the parties herein being duly represented are directed to appear before the learned First Appellate Court on 21.07.2025 for further proceedings of the appeal. JUDGE Comparing Assistant