Page No.# 1/2 GAHC010040142025 2025:GAU-AS:9435 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/571/2025 TIKENDRAJIT DEKA S/O PRASANNA DEKA, RESIDENT OF HOUSE NO. 11, NEAR GEETA NAGAR HIGH SCHOOL, NAMGHAR PATH, 2ND BYE LANE GUWAHATI 781021, DIST KAMRUP M ASSAM VERSUS PRIYANKA KALITA DEKA W/O TIKENDRAJIT DEKA, D/O LATE NAGENDRA KALITA, RESIDENT OF KAHARPARA, TIHU, VILLAGE BORGAON, PS AND PO TIHU, DIST NALBARI, ASSAM 781034 Advocate for the Petitioner : MR I S MAZUMDAR, MR N ALI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 23.07.2025 Heard Mr. I. S. Mazumder, learned counsel for the applicant. 2. This interlocutory application, under Section 5 of the Limitation Act, is preferred by the applicant for condoning of delay of 66 days for filling the connected First Appeal against order (F.A.O) against the order dated Page No.# 2/2 07.09.2024, passed by the learned Principal Judge, Family Court No.1,Kamrup(M) in Misc.(G) case No. 75/2023. 3. Mr. Mazumder, learned counsel for the applicant submits that against the order dated 07.09.2024, the applicant herein has preferred one regular first appeal on 04.11.2022, being RFA No. 13099/2025. But, the same was put under objection on 14.11.2024, in the filing Section. Later on, it was informed that first appeal against order, ought to have been filed instead of a regular first appeal. Thereafter, the F.A.O has been preferred and again there was defect in the said appeal and the same was also rectified. And in the meantime, there was delay of 66 days and that the delay is not intentional rather, it is circumstantial and as such, it is contended to allow this application. 4. Having heard the submissions of learned counsel for the petitioner, I have carefully gone through the application and the documents placed of record. It appears that the delay in filing the connected F.A.O has sufficiently been explained and as such, the delay stands condoned. 5. In terms of above, this I.A. stands disposed of. 6. In view of the order passed in I.A.(Civil) No. 571/2025, now the Registry will proceed to register the F.A.O and the placed the same before this Court as soon as practicable. JUDGE Comparing Assistant