Page No.# 1/4 GAHC030000892025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/22/2025 Sh. Lalremruata (Now Dead) through L/R Sh. Lalremliana Ralte S/o Lalremruata (L), R/o Mission Veng, Kawlthei Huan, Aizawl, Mizoram VERSUS Sh. Lallawmsanga and 2 Ors. S/o R. Rinawma, R/o Chhinga Veng, Aizawl, Mizoram 2:The Director Land Revenue and Settlement Department Aizawl Mizoram 3:The Assistant Settlement Officer Land Revenue and Settlement Department Aizawl Mizora Advocate for the Petitioner : Mr. Lalfakawma Advocate for the Respondent : Mr B Lalramenga for R1 Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 17.07.2025 Heard Mr. T. Lalzekima, learned counsel appearing for the applicant. Also heard Mr. B. Lalramenga, learned counsel appearing for the respondent No. 1 and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General, Mizoram appearing for the State respondents. 2. By way of this application under Section 7 of the Limitation Act 1963, the applicant is seeking condonation of 13 days delay as on 18.02.2025 which has occurred in filing the connected Regular First Appeal (hereinafter referred to as “RFA”) against the Judgment & Order dated 04.11.2024 and Decree dated 04.11.2024 passed by the Court of Civil Judge (Senior Division) in Aizawl District in Title Suit No. 58 of 2012. 3. Mr. T. Lalzekima, learned counsel appearing for the applicant submits that the delay which has occurred in filing the connected RFA is unintentional and has been caused due to reasons beyond the control of the applicant. 4. Mr. B. Lalramenga, learned counsel appearing for the respondent and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General, Mizoram, fairly contends that they have received no instructions from their respective clients to oppose the prayer of condonation as prayed. Page No.# 3/4 5. I have heard the learned counsels appearing for the contending parties and have also perused the materials available on record. 6. The grounds of delay as averred in the condonation application reads as hereunder:- “(i) That it may be humbly submitted that although the Applicant/ Appellant Sh. Lalremruata Ralte herein was immediately informed about the decision of this Hon'ble Court on dt. 06.11.2024, in order to ascertain his next legal course of action, he wanted to consult with his other family members in as much as the case relates to family matters. In the meantime, the Counsel had applied for the Certified True Copy of the Judgment and Order and the Decree dt. 04.11.2024 on dt. 12.11.2024 and a Copy of Certified True Copy was handed to the leading Counsel on dt. 25.11.2024. (ii) That unfortunately, while Sh. Lalremruata Ralte and his Counsel were preparing to file an appeal against the Judgment and Order and the Decree dt. 04.11.2024 before this Hon'ble Gauhati High Court, Aizawl Bench, he passed away on dt. 29.12.2024 due to Scrub Typhus. Copy of Death Certificate is annexed and marked herewith as Annexure - 1 (iii) That it may be submitted that the present legal representative of the deceased who is the son of the original Appellant was not immediately aware about the Judgment and Order and the Decree dt. 04.11.2024 passed in Title Suit No. 58 of 2012. It was also towards the end of January, 2025 that he became aware of the same. Upon hearing of the said situation, he immediately contacted the concerned Advocate who thereafter instructed him that an Appeal must be filed. (iv) That upon receipt of the legal advice from his counsel and after deliberation, the Applicant/Appellant conveyed his decision to file this instant Regular First Appeal to his Advocate on 10.02.2025. Page No.# 4/4 (v) Thereafter, the present Advocate took time in collecting necessary documents and drafting including making requisite photocopy for the period between 13.02.2025-17- 02.2025.” 7. Reading of the aforesaid grounds, it appears that the grounds are sufficient and bonafide. Accordingly, the 13 days delay occurred in filing the connected RFA stands condoned. 8. The Interlocutory Application accordingly stands allowed and disposed of. JUDGE Comparing Assistant