Page No.# 1/3 GAHC010215772023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2966/2023 ON THE DEATH OF TILAK RAJ KEJRIWAL HIS LEGAL HEIRS M/S MAMCHAND YOGNARAYAN AND CO. M.M ROADD, FANCY BAZAR, GUWAHATI 01 2: SMTI DULARI DEVI KEJRIWAL W/O LATE TILAK RAJ KEJRIWAL RESIDENT OF M.M ROAD FANCY BAZAR GUWAHATI 01 PS FANCY BAZAR DIST KAMRUP M ASSAM 3: SRI ARVIND KEJRIWAL S/O LATE TILAK RAJ KEJRIWAL RESIDENT OF M.M ROAD FANCY BAZAR GUWAHATI 01 PS FANCY BAZAR DIST KAMRUP M ASSAM 4: SRI VINAY KIRTI KEJRIWAL S/O LATE TILAK RAJ KEJRIWAL RESIDENT OF M.M ROAD FANCY BAZAR GUWAHATI 01 PS FANCY BAZAR DIST KAMRUP M ASSA VERSUS BINOD KUMAR JHA S/O SRI PANNA LAL JAIN, RESIDENT OF DANISH ROAD, PANBAZAR, PS PANBAZAR, GUWAHATI 781001, DIST KAMRUP M ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. R K BHUYAN, MR. M KASHYAP,MR A ZAMAN Advocate for the Respondent : MS. C AGARWAL, Linked Case : ON THE DEATH OF TILAK RAJ KEJRIWAL HIS LEGAL HEIRS M/S MAMCHAND YOGNARAYAN AND CO. VERSUS BINOD KUMAR JHA E ------------ Advocate for : MR. R K BHUYAN Advocate for : appearing for BINOD KUMAR JHA E BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.04.2025 Heard Mr. S. Bhuyan, the learned counsel for the applicant. Also heard Ms. C. Agarwal, the learned counsel appearing for the respondent. This Interlocutory Application under Section 5 of the Limitation Act, 1963 has been filed by the applicant/appellant for condoning the delay of 63 days in preferring the connected Regular Second Appeal. The reasons for approaching this Court in preferring the connected Regular Second Appeal beyond the period of limitation has been stated by the Page No.# 3/3 applicants in paragraph Nos. 8 and 9 of the present application. The learned counsel for the respondent has not opposed the prayer for condonation of delay. Considering the grounds stated in the paragraph Nos. 8 and 9 by the applicant as well as considering the fact that the respondent has conceded the prayer for condoning the delay. The delay of 63 days in preferring the connected Regular Second Appeal is hereby condoned and this Interlocutory Application is allowed. Let the Regular Second Appeal be registered and listed for Admission Hearing after two weeks on a date to be fixed by the Registry. The learned counsel for the petitioner shall furnish copy of the memo of appeal to the respondent side within two days from the date of this order. JUDGE Comparing Assistant