Page No.# 1/5 GAHC010264472023 2025:GAU-AS:1878 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3684/2023 KAMALA KANTA BHATTACHARJEE S/O LATE RAMA KANTA BHATTACHARJEE, RESIDENT OF VILLAGE AND PO JANIGOG, MOUZA BAHJANI, PS AND DIST NALBARI, ASSAM VERSUS KUSUM DEVI AND 12 ORS W/O SRI KAMALA KANTA BHATTACHARJEE, RESIDENT OF BALIKARIA (SARUSATAR CHUPA) PO BALIKARIA, MOUZA BATAHGILA, PS AND DIST NALBARI. 2:SRI ROHINI KANTA BHATTACHARJEE @ ROHINI KUMAR BHATTACHARJEE S/O LATE RAMA KANTA BHATTACHARJEE RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 3:SRI MADHAB BARMAN S/O LATE BHEBO RAM BARMAN RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 4:SRI KARUNA BARMAN S/O LATE BHEBO RAM BARMAN RESIDENT OF VILLAGE BALIKARIA Page No.# 2/5 PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 5:SRI RAJAT BARMAN S/O LATE BHEBO RAM BARMAN RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 6:SRI SUNIL DEKA S/O LATE DEBENDRA PRASAD DEKA RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 7:RENU DEKA W/O LATE DEBENDRA PRASAD DEKA RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 8:SRI JOYDEV BARMAN S/O SRI HANGSHA RAM BARMAN RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 9:SRI NIROD CHOUDHURY S/O LATE GANGADHAR CHOUDHURY RESIDENT OF VILLAGE CHAMATA MOUZA DHARMAPUR PS BELSOR DIST NALBARI 10:KARUNA KANTA SARMA S/O SRI GANGADHAR SARMA Page No.# 3/5 RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 11:SRI SUBAL KRISHNA CHAKRABORTY S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 12:SRI NIROD DEKA S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBARI 13:SRI GIRISH CHANDRA BARMAN S/O SRI GANGADHAR SARMA RESIDENT OF VILLAGE BALIKARIA PO BALIKARIA MOUZA BATAHGILA PS AND DIST NALBAR Advocate for the Petitioner : MR. S MITRA, MR. R. RAMEEZ,MR A K BORO,MR S.MITRA Advocate for the Respondent : MR. P P BORTHAKUR (R-1), PRIYANKU PRATIM PARASOR (R- 1),MS IVY HUSSAIN (R-1) Linked Case : KAMALA KANTA BHATTACHRJEE VERSUS KUSUM DEVI AND 12 ORS B Page No.# 4/5 ------------ Advocate for : MR. S MITRA Advocate for : appearing for KUSUM DEVI AND 12 ORS B BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 21.02.2025 Heard Mr. S. Mitra, learned counsel for the applicant/appellant. Also heard Ms. I. Hussain, learned counsel for the respondent no.1. This is an application under Section 5 of the Limitation Act, 1963, read with Order XLI Rule 3A of CPC for condonation of delay of 3 days in preferring the Regular Second Appeal. It is submitted by Mr. S. Mitra, learned counsel for the applicant that after delivery of judgment in Title Appeal No. 4/2023 by the learned Civil Judge, Nalbari, the appellant has not collected the necessary documents of the certified copy due to financial constraints, as he is suffering from last stage of cancer. Thereafter, he had collected the documents and consulted with his engaged counsel and accordingly, the applicant/appellant has preferred the Regular Second Appeal with three days delay. The applicant/appellant has submitted that there is no wilful negligence of latches on the part of the appellant and the appeal could not be preferred only due to for some financial constraints for his illness. Ms. I. Hussain, learned counsel for the respondent no. 1 has raised no Page No.# 5/5 objection and submitted that the respondent no.1 has no objection in condoning the delay of three days in preferring the connected Regular Second Appeal. Accordingly, the present interlocutory application stands allowed and the delay of 3(three) days in filing the connected appeal is hereby condoned. With the above observation and direction, the interlocutory application stands disposed of. Registry is directed to register the connected main appeal and list the same accordingly. JUDGE Comparing Assistant