Page No.# 1/4 GAHC010249622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4035/2025 SAMSUL HOQUE SON OF LATE ROFATULLAH MUNSHI, R/O VILLAGE- PARERCHAR PART II, P.O. AND P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783380 VERSUS MD WAHIDUR RAHMAN AND ORS. SON OF MD SAWKAT ALI, R/O VILLAGE PARERCHAR PART- II, P.O AND P.S.-ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783380 2:ON THE DEATH OF MOKRAM ALI HIS LEGAL HEIRS NAMELY 2.1:MST KHODEJA KHATUN WIFE R/O VILLAGE PARERCHAR PART- II P.O AND P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783380 2.2:MOINUL HAQUE SON R/O VILLAGE PARERCHAR PART- II P.O AND P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783380 2.3:MAMINUL HAQUE SON Page No.# 2/4 R/O VILLAGE PARERCHAR PART- II P.O AND P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783380 2.4:AST. MONOWAR BEGUM R/O VILLAGE PARERCHAR PART- II P.O AND P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783380 2.5:MASLEEMA BEGUM DAUGHTER R/O VILLAGE PARERCHAR PART- II P.O AND P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783380 3:MD. SAUKAT ALI SON OF LATE RAFETULLAH MUNSHI R/O VILLAGE- PARERCHAR PART- II P.O AND P.S.- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. A ALAM, MR. MASUM ALAM,M ALAMGEER,MRS. S ROY Advocate for the Respondent : , In RSA Case No. 14346/2025 With RSA Case No. 14346/2025(Filing Number) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.12.2025 1. Heard Mrs. S. Roy, the learned counsel for the applicant. Also heard Ms. B. Hazarika, the learned counsel appearing on behalf of Ms. R. Choudhury, the learned counsel for all the respondents. 2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condoning the delay of 171 days in filing the connected regular second appeal, whereby the applicant has impugned the judgment and decree dated 20.02.2025, passed in T.A. No. 04/2017 by the court of the learned Civil Judge (Senior Division), Bongaigaon, whereby the appellate court dismissed the appeal preferred by the present applicant. 3. The learned counsel for the applicant has submitted that the applicant has mentioned the reasons for delay in preferring the connected regular second appeal beyond the prescribed period of limitation in paragraph No. 3 to 6 of the instant application. She also submitted that in the connected regular second appeal, arising out of the same impugned order, i.e. RSA No. 207/2025, delay was condoned and the said appeal has been directed to be listed on 17th December, 2025. 4. The learned counsel for all the respondents submits that Page No.# 4/4 considering the grounds mentioned in the present petition, they do not have any objection, if the prayer for condonation of delay is allowed. 5. Considering the submissions made by the learned counsel for both sides as well as considering the grounds stated in paragraph No. 3 to 6 of the instant application to be sufficient grounds which prevented the applicant in approaching this court by filing the connected regular second appeal within prescribed period of limitation. 6. Hence, this instant interlocutory application is allowed and the delay of 171 days in preferring the connected regular second appeal is hereby condoned. 7. The Registry is directed to list the connected regular second appeal for admission on 17.12.2025. 8. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant