Page No.# 1/3 GAHC030006782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/183/2024 Lalrohlui Chaltlang, Aizawl, Mizoram VERSUS R. Lalbiaksanga Chaltlang, Aizawl Advocate for the Petitioner : Mr. Lalpianfela Chawngthu Advocate for the Respondent : Mr B Lalramenga B E F O R E HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.11.2025 Heard Mr. Lalpianfela Chawngthu, learned counsel for the applicant. Also heard Mr. B Lalramenga, the learned counsel for the respondent. 2. The matter pertains to the issuance of an Heirship Certificate in respect of land covered by LSC No. 564/1980 in the name of Lalrikhumi(Late). The applicant’s case is that the respondent, who is the nephew of the deceased Lalrikhumi(Late), had applied for Heirship Certificate. The same was granted by Page No.# 2/3 the Court of the Senior Civil Judge-III, Aizawl on 10.11.2022 vide Heirship Certificate No. 1551/2022, without issuing notice to the appellant. As the appellant came to know of the Heirship Certificate only on 18.09.2024 and the applicant thereafter made a challenge to the same on 01.11.2024, a delay of 723 days has occurred. 3. Mr. B Lalramenga, learned counsel for the respondent submits that there is no explanation given by the applicants as to how she came to know of the Heirship Certificate issued to the respondent. He also submits that the respondent is not the biological child of Lalrikhumi(Late). He however does not deny the fact that Heirship Certificate had been issued to the respondent without issuing notice to the applicant. He submits that as there is no day to day explanation for the delay, the applicant should be dismissed. 4. I have heard the learned counsels for the parties. 5. On a perusal of the applicant for condonation of delay and the connected documents thereto, this Court finds that the applicant has taken a stand that she is the adopted daughter of the Lalrikhumi(Late), while the respondent is the nephew of Lalrikhumi(Late). On the death of Lalrikhumi on 05.06.2022, the question to be decided is whether the land covered by LSC No. 564/1980 should devolve upon the applicant or the respondent. In view of the fact that no notice had been issued to the applicant who is alleged to be the adopted daughter of Lalrikhumi(Late), this Court is of the view that keeping in view of the judgment of the Supreme Court in the case of State of Nagaland vs. Lipok Ao & Ors., reported in (2005) 3 SCC 752, there may be grave injustice if the delay is not condoned. Page No.# 3/3 6. Accordingly, the delay of 723 days is condoned. 7. I.A is accordingly allowed. JUDGE Comparing Assistant