Page No.# 1/7 GAHC010044112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1556/2024 ON THE DEATH OF RAJAB ALI HIS LEGAL HEIRS HABIZA KHATUN AND ORS W/O LATE MAJIBUR RAHMAN, RESIDENT OF VILLAGE SILPUKHURI, PO AND MOUZA SILPUKHURI, PS MIKIRBHETA, DIST MORIGAON, ASSAM 2: MD. SAHIDUL ISLAM S/O LATE MAJIBUR RAHMAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM 3: MD. MOHIBUL ISLAM S/O LATE MAJIBUR RAHMAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM 4: MD. FARIDUL ISLAM S/O LATE MAJIBUR RAHMAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 Page No.# 2/7 5: MISS SAHNAZ BEGUM D/O LATE MAJIBUR RAHMAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 6: ISHAB NABI S/O LATE RAJAB ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 7: ON THE DEATH OF MEHER ALI SON OF LATE KETU BEPARI HIS LEGAL HEIR BABUL HUSSAIN S/O LATE MEHER ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 8: MAINUL HUSSAIN S/O LATE MEHER ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 9: ON THE DEATH OF RUPJAN DAUGHTER OF LATE KETU BEPARI HIS LEGAL HEIRS ABDUL JALIL S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI Page No.# 3/7 PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 10: FULKAN S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 11: HIPJUR S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 12: AMINUL S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 13: NAZBUL S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 14: MANGALJAN D/O LATE KETU BEPERI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA Page No.# 4/7 DIST MORIGAON ASSAM TO BE REP. BY PET. NO. 1 15: JARIMAN NESSA D/O LATE KETU BEPARI VILLAGE RAUMARI MOUZA BATADRABA PO TUKTUKI PS DHING DIST NAGAON ASSAM 16: TAHERA KHATUN D/O LATE KETU BEPARI VILLAGE KUBAIKATA MOUZA BATADRABA PO DHANIBHETA PS BATADRABA DIST NAGOAN ASSAM 17: SAMINA KHATUN D/O LATE KETU BEPARI RESIDENT OF VILLAGE RAUMARI MOUZA BATADRABA PO RAUMARI PS DHING DIST NAGAON ASSA VERSUS FATEMA KHATUN AND 5 ORS W/O MD. SURHAB ALI, RESIDENT OF VILLAGE SILPUKHURI, PO AND MOUZA SILPUKHURI, PS MIKIRBHETA, DIST MORIGAON, ASSAM 2:MD. SURHAB ALI S/O HATEM ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM Page No.# 5/7 3:MD. ABU SAMA DEED WRITER RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM 4:MD. HANIF ALI S/O NABAB ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM 5:MD. SIRAJ ALI S/O LATE KETU BEPARI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM 6:MD. MIRAJ ALI S/O LATE KETU BEPARI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM 7:SRI KANAK CH. SARMA S/O LATE NONDESWAR SARMA RESIDENT OF VILLAGE JAJORI SIMULTAL MOUZA SILPUKHURI DIST MORIGAON ASSA Advocate for the Petitioner : MR. R K BHUYAN, MR. M KASHYAP,MR. S A SINGH Advocate for the Respondent : MR. R ALI (R-1), W.H. DEVI (R-1) Page No.# 6/7 Linked Case : ON THE DEATH OF RAJAB ALI HIS LEGAL HEIRS HABIZA KHATUN AND ORS VERSUS FATEMA KHATUN AND 5 ORS A ------------ Advocate for : MR. R K BHUYAN Advocate for : appearing for FATEMA KHATUN AND 5 ORS A BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 27.02.2025 Heard Mr. Mr. R.K. Bhuyan, learned counsel for the applicants. Also heard D.J. Haloi, learned counsel for the respondent No. 7. The present application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 33 days in preferring the connected regular second appeal against the impugned judgment and order dated 07.10.2023 passed by the learned Civil Judge (Sr. Div.), Morigaon in Title Appeal No. 14/2019, wherein upholding the order passed by Munsiff No.1, Morigaon in Misc.(J) Case No. 07/2016. It appears from the record that notice has been served to respondent Nos. 1 to 6 but none has appeared today. Mr. Bhuyan, learned counsel for the applicants submits that the delay occurred in filing the connected regular second appeal is not intentional. He Page No.# 7/7 further submits that due to illness of one Babul Hussain, one of the appellants/applicants in the case, was not in a position to take step properly, as such, there was delay of 33 days in filling the connected appeal. Under such backdrop, the learned counsel for the applicants has prayed that the delay in regard to the filling of the connected regular second appeal may be condoned. Mr. Haloi, learned counsel for the respondent No. 7 has no objection if the delay is condoned. I have considered the submissions made by the learned counsel for the parties. The delay has been satisfactorily explained by the applicants and also the learned counsel for the respondent No. 7 did not raise any objection regarding the prayer of the applicants. Considering all, the delay of 33 days is condoned. The Registry is directed to register the connected appeal and list it in admission column. It is also submitted by the learned counsel for the applicants that one execution case is pending vide Execution Case No. 16/2015 before the learned Civil Judge(Jr. Div.) No. 1, Morigaon as such, he has prayed that till admission of the connected second appeal, the applicants may be allowed to file an appropriate application before the learned Executing Court. In view of the above, the learned counsel for the applicants is at liberty to move any such appropriate application before the Executing Court. With the above observation, I/A stands disposed of. JUDGE Comparing Assistant