Form No. J(2) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’be Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Uday Kumar S.A. 99 of 2023 IA No: CAN 1 of 2023 Sk. Israil and others Vs. Md. Masudur Rahaman and another For the appellants : Mr. Baidurya Ghosal Mr. Sourav Mukherjee Mr. Saikat Mukherjee Ms. Anupama Biswas For the respondents : Mr. Pinaki Dhole Mr. Rabindra Kumar Pathak Ms. Srijita Mandal Heard on : 12.03.2025 Judgment on : 12.03.2025 Sabyasachi Bhattacharyya, J.:- 1. On consent of the parties, the appeal is taken up for hearing along with the application. 2 2. In fact, it was already recorded in our order dated February 26, 2025 that the appeal would be disposed of along with the application. 3. The learned First Appellate Court dismissed the appellants’ application for condonation of delay in filing their title appeal under Section 5 of the Limitation Act on the ground that sufficient explanation had not been given for the delay. 4. It is rightly pointed out by learned counsel for the appellants that the entire period of the delay fell within the Pandemic restriction period, in respect of which, by successive orders, the Hon’ble Supreme Court had extended the time limit for filing appeals and other proceedings. 5. Hence, the appeal is formally admitted on the following substantial question of law: Whether the learned First Appellate Court substantially erred in law in dismissing the condonation of delay application of the appellants on the ground of lack of sufficiency of explanation, contrary to the successive extensions of time for filing proceedings, granted by orders of Supreme Court during the entire relevant period due to the Pandemic restrictions. 6. Since the appeal itself is taken up for hearing, we intend to allow the appeal on the above ground upon hearing learned counsel for both sides. 3 7. Accordingly, S.A. 99 of 2023 is allowed, thereby setting aside the judgment and decree dated June 6, 2023 passed by the learned District Judge at Malda in Title Appeal No. 4 of 2022, and remanding the matter to the First Appellate Court to adjudicate the title appeal on merits, upon condoning the delay in preferring the same. 8. It is made clear that the merits of the title appeal have not been gone into by this court and it will be open to the learned Judge of the First Appellate Court to adjudicate the title appeal on its own merits independently, without being influenced by any of the observations made hereinabove, upon giving ample opportunity of hearing to both the parties. 9. It is expected that such disposal shall be at the earliest, as per the roster of the learned First Appellate Court. 10. A formal decree be drawn up accordingly. 11. CAN 1 of 2023 is also disposed of consequentially without any order as to costs. (Sabyasachi Bhattacharyya, J.) I agree. (Uday Kumar, J.)