Page No.# 1/4 GAHC010008722025 2025:GAU-AS:13902 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1223/2025 ON THE DEATH OF NRIPEN MAHANTA HIS LEGAL HEIRS KALYANI MAHANTA AND ORS W/O LATE NRIPEN MAHANTA R/O- BORPARA (OPP. INDOOR STADIUM) P.O. AND P.S. BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783380. 2: MISS TRISHITA MAHANTA D/O- LATE NRIPEN MAHANTA R/O- BORPARA (OPP. INDOOR STADIUM) P.O. AND P.S. BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783380. VERSUS SMTI. HIRA MAHANTA DAS AND 7 ORS. W/O- LATE DHIREN DAS D/O- LATE UPENDRA NATH MAHANTA R/O- WARD NO. 20 BORPARA MAIN ROAD NEAR LIC DIVISIONAL OFFICE P.O. P.S. AND DIST.- BONGAIGAON ASSAM PIN- 783380. 2:SMT. NIVA DAS W/O- SRI BHUPEN DAS D/O- LATE UPENDRA NATH MAHANTA Page No.# 2/4 R/O- NORTH JYOTI NAGAR P.O. BAMUNIMAIDAN P.S. CHANDMARI DIST.- KAMRUP(M) GUWAHATI-21 ASSAM. 3:SMT. KRISHNA MAHANTA (CHAKRABORTY) W/O- SRI SAJAL CHAKRABORTY D/O- LATE UPENDRA NATH MAHANTA R/O- ASEB QUARTER BORPARA MAIN ROAD NEAR LIC DIVISIONAL OFFICE P.O. P.S. AND DIST.- BONGAIGAON ASSAM PIN- 783380. 4:SMT. MAMONI GOSWAMI MAHANTA W/O- LATE BHUPEN MAHANTA R/O- VIP CHACHAL PATH SIXMILE HOUSE NO. 6B ADITY APARTMENT NEAR TENNIS COURT GUWAHATI KAMRUP(M) ASSAM. 5:MISS BIDHISHA MAHANTA D/O- LATE BHUPEN MAHANTA R/O- VIP CHACHAL PATH SIXMILE HOUSE NO. 6B ADITY APARTMENT NEAR TENNIS COURT GUWAHATI KAMRUP(M) ASSAM. 6:SRI GOPI NATH S/O- LATE MOHAN CH. NATH R/O- WARD NO. 20 BORPARA MAIN ROAD NEAR LIC DIVISIONAL OFFICE P.O. P.S. AND DIST.- BONGAIGAON Page No.# 3/4 ASSAM PIN- 783380 7:SRI DIL BAHADUR CHETRY S/O- GAJ BAHADUR CHETRY R/O- WARD NO. 20 BORPARA MAIN ROAD NEAR LIC DIVISIONAL OFFICE P.O. P.S. AND DIST.- BONGAIGAON ASSAM PIN- 783380 8:SMT. JOYMOTI DAS W/O- SRI LOHIT DAS R/O- WARD NO. 20 BORPARA MAIN ROAD NEAR LIC DIVISIONAL OFFICE P.O. P.S. AND DIST.- BONGAIGAON ASSAM PIN- 783380 ------------ Advocate for : MR. B J MUKHERJEE Advocate for : MR. K M MAHANTA appearing for SMTI. HIRA MAHANTA DAS AND 7 ORS. in RFA Case No. 131/2019 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.10.2025 1. Heard Mr. H. Buragohain, the learned counsel for the applicant. Also heard Mr. S. Gautam, the learned counsel for all the respondents. 2. This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant for condoning the delay of 725 days in preferring the application for setting aside abatement as well as substitution of death of the appellant. Page No.# 4/4 3. The learned counsel for the applicant has submitted that the cause for approaching this Court belatedly beyond the prescribed period of limitation has been stated by the applicant in paragraph No. 5 and 6 of the application for condoning the delay. 4. The learned counsel for all the respondents has submitted that considering the grounds shown by the applicant, which cause the delay in approaching this Court in preferring the application for setting abatement as well as substitution, he does not have any objection if the delay of 725 days is condoned. 5. Considering the submissions made by the learned counsel for the respondents as well as considering the grounds shown in paragraph Nos. 5 and 6 of the delay condonation petition to be sufficient ground, which prevented the applicant from approaching this Court within the prescribed period of limitation for setting aside abatement, the aforesaid delay of 725 days is hereby condoned and this Interlocutory Application (Civil) is accordingly disposed of. JUDGE Comparing Assistant