Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010027792025
2025:GAU-AS:2125
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/530/2025 ABDUL NOOR LASKAR SON OF LATE TAYAB ALI RESIDENT OF DOBOKA TOWN, WARD NO. 6, PS AND PO DOBOKA, DIST HOJAI, ASSAM 782440 2: MONUWARA BEGUM LASKAR WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA TOWN WARD NO 6 POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM PIN 78244 VERSUS MD ABDUL GONI, S/O OF MD SAFAR ALI, R/O OF VILIAGE MIKIRATI HAWGAON, POLICE STATION AND POST OFFICE DOBOKA, DISTRICT HOJAI, ASSAM, PIN 782440 2:MD. OSMAN ALI S/O OF MD SAFAR ALI R/O OF VILIAGE MIKIRATI HAWGAON POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM PIN 782440 3:MUSSTT. PYARUN NESSA D/O OF MD SAFAR ALI R/O OF VILIAGE MIKIRATI HAWGAON POLICE STATION AND POST OFFICE DOBOKA
Page No.# 2/5 DISTRICT HOJAI ASSAM PIN 782440 4:MUSSTT. MAYARUN NESSA S/O OF MD SAFAR ALI AND W/O LATE SAMSUL HOQUE
PRESENT RESIDENT OF NAHAR GAON WARD NO. 6. DOBOKA TOWN PS AND PO DOBOKA DIST HOJAI ASSAM
782440. PERMANENT RESIDENT OF VILLAGE MIKIRATI HAWGAON POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM PIN 78244 Advocate for the Petitioner : MR ROBIUL HOQUE, MR S J SHAMIM,MRS. R MOMTAZ,ALHAJJ I UDDIN Advocate for the Respondent : , Linked Case : C.APPLN/0/0 ABDUL NOOR LASKAR SON OF LATE TAYAB ALI 2: MONUWARA BEGUM LASKAR WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA TOWN WARD NO 6 POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM PIN 782440 VERSUS MD ABDUL GONI S/O OF MD SAFAR ALI R/O OF VILIAGE MIKIRATI HAWGAON POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM
Page No.# 3/5 PIN 782440 ------------ Advocate for : Robiul Hoque Advocate for : appearing for MD ABDUL GONI Linked Case :
ABDUL NOOR LASKAR AND ANR SON OF LATE TAYAB ALI 2: MONUWARA BEGUM LASKAR WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA TOWN WARD NO 6 POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM PIN 782440 VERSUS MD ABDUL GONI AND ORS S/O OF MD SAFAR ALI R/O OF VILIAGE MIKIRATI HAWGAON POLICE STATION AND POST OFFICE DOBOKA DISTRICT HOJAI ASSAM PIN 782440 ------------ Advocate for : Robiul Hoque Advocate for : appearing for MD ABDUL GONI AND ORS
Page No.# 4/5 BEFORE HONOURABLE MRS.
JUSTICE MITALI THAKURIA ORDER 28.02.2025
Heard Mr. A. I. Uddin, learned counsel for the applicants. This application is filed under Section 5 of the Limitation Act, praying for the condonation of a delay of 8 days beyond the limitation period in filing the connected appeal against the impugned judgment and decree dated 30.10.2024, passed by the learned Civil Judge (Sr. Dvn.), Hojai, in Title Appeal No. 05/2022, whereby the learned appellate court, while allowing the appeal preferred by the respondents, set aside the judgment and decree dated 08.04.2022, passed by the learned Munsiff, Hojai, in Title Suit No. 04/2007. It is submitted by Mr. Uddin, learned counsel for the applicants, that there was only a three-day delay on the part of the applicants in preferring the connected RSA, and that it was the counsel who took 5 days in preparing the appeal by consulting the DWs and other relevant documents. He further submitted that the grounds for the delay have already been explained in paragraphs 3 and 4 of the petition. Considering the submissions made by the learned counsel for the applicants, as well as the grounds for the delay explained in paragraphs 3 and 4 of the petition, and also in the interest of justice, the interlocutory application for condonation of delay is hereby allowed, and the delay of 8 days in preferring the connected appeal stands condoned. Registry to register the connected appeal and list the same for admission hearing in its usual course. Page No.# 5/5 The Interlocutory Application stands disposed of in terms above. JUDGE Comparing Assistant