Page No.# 1/3 GAHC010032992024 2025:GAU-AS:3274 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/535/2024 NILESH AGARWALLA AND ANR. S/O LATE DURGALAL AGARWALLA, RESIDENT OF BAJRANG TOURS AND TRAVELS, SIKARIA COMPLEX, S.J ROAD, ATHGAON, GUWAHATI 01, DIST KAMRUP M ASSAM 2: SMTI SUNITA AGARWALA W/O SRI JITESH AGARWAL RESIDENT OF CHANDRA AGENCIES 13/32 GHOSKATTA NAYA BAZAR AJMER 2305001 RAJASTHAN REPRESNENTED BY THE PET. NO. VERSUS PRABHU DAYAL AGARWAL S/O LATE GIRDHARILAL AGARWAL, RESIDENT OF DA GAON(BAJRANG MILL) PO, PS AND MOUZA BOKAKHAT, DIST GOLAGHAT, ASSAM 785612 Advocate for the Petitioner : MR. N ALAM, MR A K SHARMA,MR K JAIN Advocate for the Respondent : MR. R SARMA (r-1), MR. P P BARUAH (r-1) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.03.2025 Heard Mr. N. Alam, learned counsel for the applicants. Also heard Mr. R. Sarma, learned counsel for the opposite party. 2. This interlocutory application, under Section 5 of the Limitation Act, 1963, read with Order 41 Rule 3A of the CPC, read with Section 151 of the CPC, is preferred by the applicants for condoning the delay of 9 days in preferring the connected regular second appeal against the judgment and decree dated 04.05.2023, passed in T.A. No. 1/2022, by the learned Civil Judge, Golaghat. 3. Mr. Alam, learned counsel for the applicants submits that the reason for delay in preferring the connected regular second appeal has been explained in paragraph No. 3 of the application, and that the applicants had applied for the certified copy of the judgment and decree on 18.05.2023, while the judgment and decree was pronounced on 04.05.2023 and that there was delay in furnishing the copy by the office and that there is no lapse on the part of the applicants herein and the delay of 9 days is a bona fide one and therefore, it is contended to allow this application. 4. On the other hand, Mr. Sarma, learned counsel for the opposite party has opposed this application on the ground that the learned trial Court has recorded a finding in the judgment and decree dated 04.05.2023, that the present applicant No. 1 is not the legal heir of Late Durgalal Agarwalla and the said finding has not been challenged by the applicants. 5. Taking note of the submissions of learned Advocates of both sides, and Page No.# 3/3 also the explanation forthcoming from the statements and averments made in paragraph No. 3 of this application, this Court is inclined allow this application. 6. Accordingly, the delay of 9 days in preferring the connected regular second appeal stands condoned. 7. In view of the order passed in this application, now the Registry shall register the connected regular second appeal and list the same before this Court as soon as practicable. 8. Mr. Sarma, learned counsel for the opposite party submits that he has not been furnished with a copy of the memo of appeal. 9. Mr. Talukdar, learned counsel for the applicants undertakes to furnish the same to Mr. Sarma by tomorrow. 10. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant