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2025 DAILYLAW 2984 (GAU)

KHANDAKAR SHAJIDUL ISLAM v. MALEKA KHATUN

I.A.(Crl.)/1356/2025 · 2026-03-26

Pranjal Das, Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/3 GAHC010271692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1356/2025 In Crl. Rev.Pet/11516/2025 KHANDAKAR SHAJIDUL ISLAM S/O LATE ABDUL BASED, R/O KUMLIPARA, PS HOWLY, DIST BARPETA, ASSAM VERSUS MALEKA KHATUN S/O KHANDAKAR SHAJIDUL ISLAM, R/O BHERAGAON, PS BARPETA, DIST BARPETA, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MD A RAHMAN,A MISHRA,MR SARFRAZ NAWAZ Advocate for the Respondent : MR. P SAIKIA (LEGAL AID COUNSEL FOR R-1), Linked Case : OTC/0/0 KHANDAKAR SHAJIDUL ISLAM SO LATE ABDUL BASED RO KUMLIPARA PS HOWLY DIST BARPETA ASSAM VERSUS MALEKA KHATUN WO KHANDAKAR SHAJIDUL ISLAM Page No.# 2/3 RO BHERAGAON PS BARPETA DIST BARPETA ASSAM ------------ Advocate for : MD A RAHMAN Advocate for : MR. P SAIKIA appearing for MALEKA KHATUN BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 27.03.2026 (S. K. Medhi, J) Heard Shri R. Mali, learned counsel for the applicant. Also heard Ms. S. Deb, learned counsel appearing on instruction of Shri P. Saikia, learned Legal Aid Counsel for the respondent. This is an application under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 8 days in filing accompanying revision petition. The learned counsel for the applicant has drawn the attention of this Court to the averments made in paragraphs 4, 5 & 6 and has submitted that due to reasons beyond the control of the applicant, the delay has occasioned. The learned counsel for the respondent has not raised serious objection to the aspect of condonation of delay and has submitted that the contest would rather be made on the merits of the case. Considering the above and also the settled law that an application for condonation of delay is required to be considered in a pragmatic and justice oriented approach the delay which is of only 8 days is accordingly condoned. Page No.# 3/3 The IA stands allowed. Let the connected appeal be registered and listed in the next week. JUDGE JUDGE Comparing Assistant