Page No.# 1/3 GAHC010271282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3997/2024 PRABHAT KALITA AND ANR S/O LATE BHOLARAM KALITA RESIDENT OF THAKURIAPARA, PO MAJIRGAON, PS AZARA, DIST KAMRUP M ASSAM 2: NAREN DAS S/O LATE JIBAN DAS RESIDENT OF BARUAPARA MAJIRGAON PO MAJIRGAON PS AZARA DIST KAMRUP M ASSA VERSUS POTESWARI DAS AND 2 ORS W/O LATE RAJEN DAS, RESIDENT OF KAMARPUR (SANTIPUR) PO KAMARPUR PS CHANDRAPUR, DIST KAMRUP M ASSAM 2:JAYANTA DAS S/O LATE RAJEN DAS RESIDENT OF KAMARPUR (SANTIPUR) PO KAMARPUR PS CHANDRAPUR DIST KAMRUP M ASSAM 3:HEMANTA DAS S/O LATE RAJEN DAS zESIDENT OF KAMARPUR (SANTIPUR) PO KAMARPUR PS CHANDRAPUR DIST KAMRUP M ASSA Advocate for the Petitioner : MR P KALITA, MRS S GOSWAMI Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.12.2025 1. Heard Mrs. S. Goswami, learned counsel for the applicants. 2. On perusal of the office note dated 15.07.2025, it appears that the notices issued to the respondent Nos. 1, 2 and 3 have been served. However, no one has appeared for the said respondents before this Court today, therefore, this Court intends to proceed with this interlocutory application ex-parte against the said respondents. 3. This interlocutory application has been filed under Section 5 of the limitation Act by the applicants praying for condoning the delay of 5 days in preferring the connected regular second appeal wherein the judgment and decree dated 20.07.2024 passed by the Court of learned Civil Judge (Senior Division) No. 1, Kamrup(M) has been impugned. 4. The learned counsel for the applicants has submitted that the applicants has stated the reasons for delay in approaching this Court in filing the connected regular second appeal in paragraph No. 3 of the instant interlocutory application. 5. After considering the submissions made by the learned counsel for the applicants as well as considering the reasons stated in paragraph No. 3 of the instant interlocutory application as to be sufficient cause which prevented the applicants in approaching this Court within the prescribed period of limitation, this interlocutory application is allowed and the delay of 5 days in preferring the Page No.# 3/3 connected regular second appeal is hereby condoned. 6. The Registry is directed to register the connected regular second appeal and list the same for admission in the second week of January, 2026. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant