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2025 DAILYLAW 23054 (GAU)

THE PRINCIPAL ACCOUNTANT GENERAL v. SMTI. ASONO NGANG AND 3 ORS

I.A.(Civil)/7/2025 · 2025-09-15

Manish Choudhury

body2025

Judgment text

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Page No. 1/3 GAHC020000302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/7/2025 THE PRINCIPAL ACCOUNTANT GENERAL OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) NAGALAND KOHIMA VERSUS SMTI. ASONO NGANG AND 3 ORS WIFE OF NEIBA NDANG R/O NAGARJAN DIMAPUR NAGALAND 2:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAALAND 3:THE COMMISSIONER AND SECRETARY DEPT. OF SCHOOL EDUCATION AND SCERT NAGALAND KOHIMA 4:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA Advocate for the Petitioner : JOSHUA SHEQI, Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 16.09.2025 Heard Mr. J. Sheqi, learned counsel for the applicant-appellant; Mr. Taka Page No. 2/3 Masa, learned Senior Counsel assisted by Mr. Santiyanger, learned counsel for the opposite party-respondent no. 1; and Mr. N. Angami, learned Senior Government Advocate, Nagaland for the opposite party-respondent nos. 2, 3 & 4. 2. The instant application under Section 5 of the Limitation Act, 1963 has been preferred by the applicant-appellant seeking condonation of delay of 1447 days in preferring the accompanying first appeal, First Appeal no. 1/2025 against a Judgment dated 20.05.2019 and a Decree dated 22.05.2019, passed by the learned Principal District & Sessions Judge, Dimapur [‘the Trial Court’, for short] in Civil Suit no. 15/2014. By the afore-mentioned Judgment and Decree, the Trial Court had directed the office of the applicant-appellant, that is, the Principal Accountant General, Nagaland to pay a sum of Rs. 3,90,340/- with the interest @ 9% per annum within a period of two months. 3. Mr. Taka Masa, learned Senior Counsel appearing for the opposite party- respondent no. 1, that is, the decree holder placed two Communications bearing no. BUD/8-31/2018-19/TJ/451 dated 14.02.2019 and EDS [PER]- 23/2001 dated 15.02.2019 of the Department of School Education, Government of Nagaland to submit that the opposite party-respondent no. 1, that is, the decree holder has already been sanctioned and disbursed an amount of Rs. 3,90,340/- by the School Education Department, Government of Nagaland. Mr. Taka Masa, learned Senior Counsel has further submitted that the decree holder has already been received the said amount. As the opposite party-respondent no. 1 has already been received in February, 2019, she has no grievance in the matter. 4. Mr. Sheqi, learned counsel appearing for the petitioner has submitted that he was not aware of such developments and in view of such subsequent developments, the applicant-appellant does not want to press this application. 5. In view of the above submissions made by Mr. Sheqi, learned counsel appearing for the applicant-appellant, the instant application is dismissed, as Page No. 3/3 not pressed. Sd/- JUDGE Comparing Assistant