Page No.# 1/3 GAHC010011632020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/716/2020 SHABNAM EYASMIN D/O- LATE ABDUL MOTIN, R/O- VILL.- ALI-PARA, GOALPARA TOWN, WARD NO. IV, AMBARI, P.O., P.S. AND DIST.- GOALPARA, ASSAM, PIN- 783123. VERSUS MOSST. NAFISA MUMTAJ AND 2 ORS. W/O- LATE ABDUL MOTIN, R/O- VILL.- ALI-PARA, GOALPARA TOWN, WARD NO. IV, AMBARI, P.O., P.S. AND DIST.- GOALPARA, ASSAM, PIN- 783123. 2:NAZMIN SULTANA D/O- LATE ABDUL MOTIN R/O- VILL.- ALI-PARA GOALPARA TOWN WARD NO. IV AMBARI P.O. P.S. AND DIST.- GOALPARA ASSAM PIN- 783123. 3:PARVEEZ SAZZAD S/O- LATE ABDUL MOTIN R/O- VILL.- ALI-PARA GOALPARA TOWN WARD NO. IV AMBARI P.O. P.S. AND DIST.- GOALPARA ASSAM Page No.# 2/3 PIN- 783123 Advocate for the Petitioner : MR. R SARMA, MR H DEKA,MR. D M NATH Advocate for the Respondent : , In RSA Case No. 630/2020 (Filing Number) MISS SHABNAM EYASMIN VERSUS MOSST. NAFISA MUMTAJ AND 2 ORS ------------ Advocate for : Advocate for : appearing for MOSST. NAFISA MUMTAJ AND 2 ORS BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 27.01.2025 1. Heard Mr. R. Sarma, learned counsel for the applicant. None appears for the respondents. 2. By filing this application under section 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 520 days in preferring the connected Regular Second Appeal against the judgment and order dated 05.04.2018, passed in Title Appeal No. Page No.# 3/3 07/2016, by the learned Civil Judge, Goalpara, affirming the judgment of the trial court passed by the learned Munsiff No. 1, Goalpara in Title Suit No. 68/2013. 3. As per office note dated 06.12.2022, the un-served notice have been received by the respondents, but marked as ‘refused’. Subsequently, the petitioner was asked to take steps by way of dasti mode of service. Accordingly, the petitioners have filed an affidavit by stating that the petitioner has refused to accept the notices. In view of the above, notices are deemed to be served on the respondent Nos. 1, 2 and 3. 4. The grounds for delay as stated in the petition are found to be satisfactory. Moreover, the respondents have not raised any objection. Thus having regard to the submission of the learned counsel for the petitioner and the reason given in the petition, the delay is condoned. 5. In view of the above, the prayer of the petitioner is allowed. 6. The delay of 520 days is condoned. 7. I.A. stands disposed of. 8. The Registry is directed to register the connected appeal and list the matter for admission. JUDGE Comparing Assistant