Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 25549 (GAU)

KANAN BALA RABHA AND 8 ORS. v. DIBAKAR DAS

I.A.(Civil)/141/2025 · 2025-10-27

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010269222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/141/2025 KANAN BALA RABHA AND 8 ORS. W/O LATE DHIREN RABHA, R/O SHANTINAGAR, GOALPARA TOWN, P.O.- BALADMARI, P.S. AND DIST- GOALPARA (ASSAM), PIN-783121 2: SMTI. JAYANTI RABHA D/O LATE DHIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-783121 3: SMTI. JANAKI RABHA D/O LATE DHIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-783121 4: PABAN KUMAR RABHA S/O LATE DHIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-783121 5: BIRU KUMAR RABHA S/O LATE DHIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) Page No.# 2/4 PIN-783121 6: SMTI. MONOMATI RABHA W/O LATE BIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-783121 7: PRANAB RABHA S/O LATE BIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-783121 8: SRIMANTA RABHA S/O LATE BIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-783121 9: SMTI. BINA RABHA D/O BIREN RABHA R/O SHANTINAGAR GOALPARA TOWN P.O.-BALADMARI P.S. AND DIST- GOALPARA (ASSAM) PIN-78312 VERSUS DIBAKAR DAS S/O LATE DIGEN CH. DAS, VILL- BELTOLA, P.O.-BALADMARI, P.S. AND DIST- GOALPARA (ASSAM), PIN-783121 Advocate for the Petitioner : MR. M SARANIA, N GOGOI,MR A SARANIA,MR. P P GOGOI,MR. S SAIKIA Advocate for the Respondent : MR. S A HUSSAIN, MS. ADITEE HALOI,G BORO,MR D J HALOI Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.10.2025 Heard Mr. S. Saikia, learned counsel for the applicants. Also heard Mr. S. A. Hussain, learned counsel for the respondent. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicants seeking condonation of delay of 93 days in preferring the connected Civil Revision Petition by which they have impugned the order dated 30.01.2024 passed by the learned Special Tribunal, Goalpara in L.G. Case No.30/2014. The learned counsel for the applicants has submitted that the applicants were prevented from approaching this Court within the prescribed period of limitation for the reasons stated in paragraphs 9, 10 and 11 of this delay condonation application. Learned counsel for the respondent opposed the prayer for condonation of delay. I have considered the submissions made by the learned counsel for both the sides. Considering the peculiar circumstances which caused the delay in filing of the connected Civil Revision Petition by the present applicants as well as considering the grounds stated in paragraphs 8, 9, 10 and 11 as sufficient grounds, this Court is inclined to condone the Page No.# 4/4 delay in filing the connected Civil Revision Petition. Accordingly, the delay of 93 days in filing the connected Civil Revision Petition is hereby condoned and this Interlocutory Application is accordingly disposed of. Registry is directed to register the connected Civil Revision Petition and list the same in motion column in the next week on a date to be fixed by the Registry. JUDGE Comparing Assistant