Page No.# 1/3 GAHC010028342023 2025:GAU-AS:11503 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/580/2023 ON THE DEATH OF PRADIP HAZARIKA HIS LEGAL HEIRS 1.1: MRS. RINKY ROY HAZARIKA W/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM 1.2: RISHAL HAZARIKA S/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSAM 1.3: MISS RIPSY HAZARIKA D/O LATE PRADIP HAZARIKA R/O VILL-CHARIGAON P.O. AND P.S.-DERGAON DIST-GOLAGHAT-735614 ASSA VERSUS ROMEN DAS AND 2 ORS. S/O LATE PRAFULLA DAS, R/O VILL-BILOTIA, NEGHIRITING, P.S.- DERGAON, DIST-GOLAGHAT-785703, ASSAM (DRIVER OF THE CAR NO AS- 03-D-5342) 2:PANKAJ DAS S/O LATE PRAFULLA DAS R/O VILL-BILOTIA Page No.# 2/3 NEGHERITING P.S.-DERGAON DIST-GOLAGHAT-785703 ASSAM (OWNER OF CAR NO-AS-03-D-5342) 3:THE REGIONALA MANAGER ORIENTAL INSURANCE CO. LTD. G.S. ROAD ULUBARI GUWAHATI-781007 DIST-KAMRUP (M) ASSAM (INSURER OF CAR NO. AS-03-D-5342 Advocate for the Petitioner : MR. A R AGARWALA, C. M. MAHANTA Advocate for the Respondent : MR. R C PAUL, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 27.08.2025 Heard Mr. C. M. Mahanta, learned counsel for the applicant. Also heard Mr. Iranglube, learned counsel appearing on behalf of Mr. R. C. Paul, learned counsel for the respondent No.3. This application under Section 5 of the Limitation Act has been filed with a prayer for condonation of delay of 869 days in preferring the appeal for setting aside the abatement. Mr. Mahanta, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraphs 4 and 5 of the instant application. Upon considering the explanations provided in the aforesaid paragraphs, this Court is satisfied that the applicant was prevented by sufficient cause from Page No.# 3/3 filing the appeal within the stipulated time. Moreover, the respondent has raised no objection to the condonation of the delay of 869 days in filing the connected application for setting aside the abatement. In view of the above, and in the interest of justice, the interlocutory application for condonation of delay in filing the petition for setting aside the abatement is hereby allowed. Accordingly, the delay of 869 days in preferring the connected appeal stands condoned The Interlocutory Application stands disposed of in terms above. JUDGE Comparing Assistant