Page No.# 1/9 GAHC010235922023 2025:GAU-AS:2852 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3407/2023 FAZAL ALI S/O LATE HASEN ALI, RESIDENT OF KALGACHIA, MOUZA RUPSHI, PO KALGACHI, DIST BARPETA, ASSAM VERSUS ASRAB ALI AND ORS S/O LATE HASEN ALI, RESIDENT OF KALGACHIA, MOUZA RUPSHI, PO KALGACHI, DIST BARPETA, ASSAM 2:MUSSTT. SAHERA KHATUN W/O LATE HELAL UDDIN RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 3:MD. IMAN ALI S/O LATE HASEN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 4:MD. AJGAR ALI S/O LATE HASEN ALI Page No.# 2/9 RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 5:MUSST. RABIA KHATUN D/O LATE HASEN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 6:MUSST. HALIMON NESSA D/O LATE HASEN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 7:MD. MAJIBAR RAHMAN S/O LATE KURPAN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 8:MD. JOYAN ALI S/O LATE RUPA MIAH RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 9:MD. ABU BAKKAR SIDDQUE S/O LATE AMZAD ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI Page No.# 3/9 DIST BARPETA ASSAM 781319 10:MD. ABU BAKKAR S/O LATE KASIM UDDIN RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 11:MUSST. KARPULJAN NESSA D/O LATE BASER ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 12:MUSST. MAMIRAN NESSA D/O LATE HASEN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 13:MD. INSU MIAH S/O LATE HAMED ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 14:HUSSAIN ALI S/O LATE HAMED ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 15:MD. JAHURUDDIN Page No.# 4/9 S/O LATE HAMED ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 16:MD. ABDUL KUDDUS TALUKDAR S/O LATE EKUDRAT ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 17:MUSST. SORIFAN NESSA D/O LATE ABDUR RAHMAN RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 18:MD. ABDUL KUDDUS S/O LATE CHAN MIAH RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 19:MD. SOHIDUL ISLAM S/O LATE CHAN MIAH RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 20:MD. MOHIM ALI S/O LATE MONSER ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 Page No.# 5/9 21:MD. ABDUL KARIM S/O LATE ESAB ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 22:MUSST. HAMELA KHATUN D/O LATE AMZAD ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 23:MD. RAHIMUDDIN AHMED S/O LATE RIAZ ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 24:MD. JAMIR UDDIN S/O LATE HAZRAT ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 25:MD. HIKAM ALI S/O LATE ABDUL RAZZAK RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 26:MD. ABDUL HAI S/O LATE ABDUL RAZZAK RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA Page No.# 6/9 ASSAM 781319 27:MD. RAHAM ALI S/O LATE ABDUL RAZZAK RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 28:MD. ABDUL GAFUR S/O LATE MONTAZ ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 29:MUSST. SAHREA KHATUN D/O LATE KADAM ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 30:MUSST.. JAHANARA KHATUN D/O LATE ALI AMZAD RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 31:MD. SAHDAT HUSSAIN S/O LATE ABDUL KASEMI (BRANCH MANAGER ON BEHALF OF FLUROR INDIA RED ESTATE LIMITED KALGACHIA ) RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 32:MD. SHAHAR ALI Page No.# 7/9 S/O LATE HAZRAT ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 33:MD. HANNAN ALI S/O LATE MOZIBAR RAHMAN RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 34:MD. SAIFUL ISLAM S/O LATE MOTIAR RAHMAN RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 781319 35:MD. AZMAT ALI S/O LATE WAHED ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM 78131 Advocate for the Petitioner : MR. N DHAR, N HASAN,MR A HUSSAIN,MR. B K SEN Advocate for the Respondent : MR. N ALAM (R-1), S A BAKHTIAR(R-1),MR K JAIN(R-1) BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER 18.03.2025 Heard Mr B K Sen, learned counsel for the applicant and Mr S A Bakhtiar, learned counsel for the respondent/opposite party. Page No.# 8/9 2. This application under Section 5 of the Limitation Act, is preferred by the applicant for condonation of delay of 90 days in filing the connected regular second appeal against the Judgment and Decree dated 14.03.2023, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 11/2020. 3. Mr Sen, learned counsel for the applicant submits that the applicant was not informed by his counsel about the date of Judgment and Decree, passed by the learned first appellate Court on 14.03.2023, and that the applicant was also suffering from sciatica pain from 03.06.2023 to 27.09.2023, for which he could not move and therefore, the appeal could not be filed in time and in support of the aforementioned contention, the applicant has also enclosed a medical certificate and a prescription issued by the Superintendent, Barpeta Civil Hospital, Kalgachia and that the delay is not intentional and deliberate and the same has duly been explained in the paragraph Nos. 4 and 5 of the application and that the applicant has an arguable case and the same is required to be heard and to be decided on merit and therefore, Mr Sen contended to allow this application. 4. Per contra, Mr Bakhtiar submits that the delay has not been properly explained and in the medical certificate, no advice was given for taking rest by the applicant for the period indicated therein and as no sufficient ground is assigned, this petition is liable to be dismissed. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and the statements and averments made in paragraph Nos. 4 and 5 of the application and also the medical certificate at Page No. 13 and the medical prescription at Page Nos. 12 and 12-A of the application and taking note of the statements and averments made in the paragraph Nos. 4 and 5 of the application and also taking note of the medical certificate at Page No. 13 and the medical prescription at Page Page No.# 9/9 Nos. 12 and 12-A, this Court is of the view that the delay of 90 days in filing the connected appeal is sufficiently explained in this application. 6. Though Mr Bakhtiar, learned counsel for the respondent/opposite party, submits that there is no medical advice for taking rest for the period from 03.06.2023 to 27.09.2023, yet it appears that the applicant was suffering from sciatica (lumbar sacral vertebral pathology) and he has also been prescribed with some of the medicines and as such, the submission of Mr Bakhtiar, learned counsel for the respondent/opposite party, left this Court unimpressed. 7. Thus, taking note of the submissions of learned counsel for both the parties and also considering the given facts and circumstances on record, this Court is inclined to condone the delay of 90 days in preferring the connected regular second appeal. 8. Accordingly, this interlocutory application stands disposed of. 9. In view of the order passed in this interlocutory application, now the Registry will proceed to register the appeal and list the same before the Court as soon as practical. JUDGE Comparing Assistant