Page No.# 1/3 GAHC010237092025 2025:GAU-AS:15106 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3513/2025 RINA SAHA D/O. LT. RAKHAL CH. DAS, W/O. SRI NEPAL CHOUDHURY, RESIDENT OF WARD NO 7, BARPETA TOWN ROAD ARANYAK, PO AND PS BARPETA ROAD, DISTRICT BARPETA, ASSAM, PIN 781315 VERSUS JITEN KALITA AND 3 ORS. S/O. PRATAP KALITA, RESIDENT OF TIHU, P/O. TIHU, P/S NALBARI, ASSAM, PIN 781335 2:PRAHLAD ARJYA @ SARKAR S/O. LT. DHIREN ARJYA RESIDENT OF WARD NO 8 BARPETA TOWN ROAD PO AND PS BARPETA ROAD DISTRICT BARPETA ASSAM PIN 781315 3:MOZIBOR RAHMAN S/O. LT. RAHIMUDDIN SARKAR RESIDENT OF KHEIRABARI PO AND PS BARPETA ROAD DIST BARPETA ASSAM PIN 781315 4:SAMSUL HAQUE RO BERPETA TARANI SANGHA DIST BARPETA ASSA Page No.# 2/3 Advocate for the Petitioner : MR. SURAJIT DAS, MR. P P DAS Advocate for the Respondent : , Linked Case : RINA SAHA VERSUS JITEN KALITA AND 3 ORS F ------------ Advocate for : MR. P P DAS Advocate for : appearing for JITEN KALITA AND 3 ORS F BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 10-11-2025 Heard Mr. S. Das, learned counsel for the applicant/appellant. This is an application filed under Section 5 of the Limitation Act praying for condonation of delay of 2 days in preferring the connected appeal against the judgment and decree dated 15.06.2024, passed by the learned Civil Judge (Sr. Div.), Barpeta in Title Suit No. 54/2014. It is submitted by Mr. Das, learned counsel that the appeal was bonafide within the period of 90 days of the limitation. However, after the calculation, it has come out that there is a delay of 2 days in preferring the connected appeal and hence, there is a delay. There is no laches or negligence on the part of the applicant/appellant in preferring the appeal with a Page No.# 3/3 delay of 2 days. Considering the submissions of the learned counsel for the applicant/appellant, the grounds mentioned in the petition and also for the ends of justice, the delay of 2 (two) days in preferring the connected appeal is hereby condoned. Registry shall register and number and connected appeal and shall list the same, on a date to be fixed by it. This interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant