Page No.# 1/3 GAHC010213752024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3284/2024 BIJU KALITA W/O LATE KANDARPA KALITA, R/O BARKUCHI CHOWK, OPP. MALI DHABA, P.O. MIRZA, P.S.PALASHBARI, DIST. KAMRUP, ASSAM. ALL ARE LEGAL HEIRS OF LATE KANDARPA KALITA. 2: INDRAJIT KALITA S/O LATE KANDARPA KALITA R/O BARKUCHI CHOWK OPP. MALI DHABA P.O. MIRZA P.S.PALASHBARI DIST. KAMRUP ASSAM. ALL ARE LEGAL HEIRS OF LATE KANDARPA KALITA. 3: ARCHANA KALITA D/O LATE KANDARPA KALITA R/O BARKUCHI CHOWK OPP. MALI DHABA P.O. MIRZA P.S.PALASHBARI DIST. KAMRUP ASSAM. ALL ARE LEGAL HEIRS OF LATE KANDARPA KALITA VERSUS SMT REENA HAZARIKA CHUTIA S/O SRI PRADIP KR. CHUTIA, R/O AZARA, P.O. and P.S. AZARA, DIST. KAMRUP, ASSAM, PIN 781017 Advocate for the Petitioner : MR.N N UPADHAYA, MR. B B KAKATI Page No.# 2/3 Advocate for the Respondent : MR. R SARMAH, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date :29.08.2025 1. Heard learned counsel Mr. D.K.Bagchi appearing on behalf of Mr. B.B. Kakati for the appellants/applicants and learned counsel Mr. A. Hussain for the Respondent . 2. By filing this interlocutory application u/s 5 of the Limitation Act, 1963, the applicants have prayed for condoning the delay of 194 days in filing the application for substitution of legal heirs of deceased appellant Kandarpa Kalita. 3. Learned for the applicants submits that during pendency of the connected RSA 67/2016, the appellant Kandarpa Kalita expired on 23.10.2023 leaving behind his wife, one son and a daughter, namely, Biju Kalita, Indrajit Kalita and Archana Kalita. The engaged counsel was not aware of the death of the appellant and later on, learnt about the death of the appellant from one of his junior practising in the Court at Amingaon on 11.09.2024 and as such, the applicant has prayed for condoning the delay of 194 days in filing the application for substitution of legal heirs of deceased appellant Kandarpa Kalita. 4. The learned counsel for the sole respondent has no objection. 5. Considering the submission of the learned counsel for the parties and as sufficient grounds have been shown, the delay of 194 days in filing the application for substitution of legal heirs of deceased appellant Kandarpa Kalita is hereby condoned. Page No.# 3/3 6. In terms of the above observation, the interlocutory application stands disposed of. JUDGE Comparing Assistant