Page No.# 1/4 GAHC010275162024 2025:GAU-AS:7022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/570/2025 SALEHA BEGUM @ SALEHA HOQUE AND 2 ORS W/O LATE SIRAJUL HOQUE, RESIDENT OF VILLAGE MANDIA, PS BAGHBAR, PO MANDIA, DIST BARPETA, ASSAM 781308 2: SMTI SIRMINA KHATUN @ SIRMINA PARBIN D/O LATE SIRAJUL HOQUE RESIDENT OF VILLAGE KADAMTOLA PART II PO BILASIPARA DIST DHUBRI ASSAM 783348 3: JESMINA KHATUN D/O LATE SIRAJUL HOQUE RESIDENT OF VILLAGE MANDIA PS BAGHBAR PO MANDIA DIST BARPETA ASSAM 78130 VERSUS RASHIDA KHATUN @ RASHIDA BEGUM @ RASHIDA HOQUE AND 2 ORS W/O LATE SIRAJUL HOQUE, RESIDENT OF VILLAGE MANDIA PATHAR, PO MANDIA, PS BAGHBAR, PO MANDIA, DIST BARPETA, ASSAM 781308 2:MS. SELVEE SARMAINE D/O LATE SIRAJUL HOQUE RESIDENT OF VILLAGE MANDIA PATHAR PO MANDIA Page No.# 2/4 PS BAGHBAR PO MANDIA DIST BARPETA ASSAM 781308 3:SOHAIL ROUFF HOQUE SO LATE SIRAJUL HOQUE RESIDENT OF VILLAGE MANDIA PATHAR PO MANDIA PS BAGHBAR PO MANDIA DIST BARPETA ASSAM 78130 Advocate for the Petitioner : MR. A ROSHID, Advocate for the Respondent : , Linked Case : SALEHA BEGUM @ SALEHA HOQUE AND 2 ORS VERSUS RASHIDA KHATUN @ RASHIDA BEGUM @ RASHIDA HOQUE AND 2 ORS ------------ Advocate for : MR. A ROSHID Advocate for : appearing for RASHIDA KHATUN @ RASHIDA BEGUM @ RASHIDA HOQUE AND 2 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 30-05-2025 Heard Mr. A. Roshid, learned counsel for the applicants. As per the Office note dated 27.05.2025, the notice upon the respondent nos. 1 to 3 was duly served and received by the family members, however, no one appears on behalf of the said respondents. This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay 149 days in filing the connected Intest.Cas. The grounds for delay in filing the connected Intest.Cas has been explained in paragraphs 4 and 7 of the application inter-alia stating that the petitioner no. 2 was suffering from cancer and was undergoing treatment at a cancer institute due to which he could not file the Intest. Cas. on time. Upon perusal of the ground stated above, this Court is of the opinion that the applicants were prevented by a sufficient cause for not preferring the connected Intest. Cas. within the stipulated time. Moreover, the respondents despite receipt of notice did not appear which indicates that they have no objection to the condonation of delay. In view of the above, the delay of 149 days in filing the connected Intest.Cas. is hereby condoned. Page No.# 4/4 With the above, this IA stands disposed of. The Registry shall register the connected Intest. Cas and list it for admission. JUDGE Comparing Assistant