Page No.# 1/5 GAHC010051482025 2025:GAU-AS:13048 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/868/2025 KASHEM ALI S/O. LT. AYLLASH SK. @ AINULLYA SK., VILL. LALKURA PART-II, P/S. GAURIPUR, DIST. DHUBRI, ASSAM. VERSUS LEGAL HEIRS OF RABEYA KHATUN BIBI, AMER ALI AND 12 OTHERS S/O. LT. MONSER ALI 2:AKBOR ALI S/O. LT. MONSER ALI 3:SAKBOR ALI S/O. LT. MONSER ALI 4:REZIA BEWA D/O. LT. MONSER ALI W/O. LT. JOBBAR ALI RESPONDENT NO. 1 TO 4 ARE R/O. VILL.- LALKURA PART-II P/O. AND P/S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331. 5:THE CIRCLE OFFICER GAURIPUR REVENUE CIRCLE P/O. AND P/S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 6:THE STATE OF ASSAM Page No.# 2/5 REP. BY THE COLLECTOR OF DHUBRI P/O. AND P/S. DHUBRI ASSAM PIN-783301 7:ABED ALI S/O. LT. HASEN ALI. 8:JABED ALI S/O. LT. HASEN ALI. 9:AMZAD ALI S/O. LT. HASEN ALI. 10:BHEWA BEWA W/O. LT. HASEN ALI. 11:HUSSAIN ALI S/O. LT. AYNULLAH SK @ AYLLASH SK 13:KOHINUR BIBI W/O. TOMEZUDDIN RESPONDENT NO. 7 TO 13 ARE RESIDENT OF VILL.- LALKURA PART II P/O. AND P/S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 Advocate for the Petitioner : MS. R CHOUDHURY, MD. MEMON AHMED Advocate for the Respondent : GA, ASSAM, MR. P P DAS (R-1),MR. SURAJIT DAS(R-1),MR. P P DAS(R-2,3,4),MR. SURAJIT DAS (R-2,3,4) Linked Case : ITREF(A)/0/0 KASHEM ALI DHUBRI ASSAM VERSUS LEGAL HEIRS OF RABEYA KHATUN BIBI Page No.# 3/5 AMER ALI DHUBRI ASSAM 2:AKBOR ALI DHUBRI ASSAM 3:SAKBOR ALI DHUBRI ASSAM 4:REZIA BEWA DHUBRI ASSAM 5:THE CIRCLE OFFICER DHUBRI ASSAM 6:THE STATE OF ASSAM REP BY THE COLLECTOR OF DHUBRI ASSAM 7:ABED ALI DHUBRI ASSAM 8:JABED ALI DHUBRI ASSAM 9:AMZAD ALI DHUBRI ASSAM 10:BHEWA BEWA DHUBRI ASSAM 11:HUSSAIN ALI DHUBRI ASSAM 12:MOMENA BIBI DHUBRI ASSAM Page No.# 4/5 13:KOHINUR BIBI DHUBRI ASSAM ------------ Advocate for : BANDANA HAZARIKA Advocate for : appearing for LEGAL HEIRS OF RABEYA KHATUN BIBI AMER ALI BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.09.2025 1. Heard learned counsel Mrs. R. Choudhury for the applicant/appellant Kashem Ali. 2. This application has been filed under Order XLI Rule 3A of the CPC, 1908 with prayer for condonation of delay of 240 days in filing the connected RFA. 3. Heard learned counsel Mr. S. Das for the respondents/Opposite party No. 1 to 4. 4. It is submitted on behalf of the applicant that the Title Suit No. 26/2022 was rejected vide order dated 22.03.2024 as the suit was barred by res- judicata. The applicant was under the impression that his case was under consideration before this Court and his suit may be revived by this Court. As such he did not inform about the passing of the impugned order immediately to his engaged counsel representing him before this Court. Later on, after withdrawal of the interlocutory application, his engaged counsel called him on 26.05.2024, and informed him that this case was withdrawn, because even if any decree is passed by this Court in RSA No. 355/2017, it will not affect him in future. 5. The applicant then took certified copies and returned home on 02.07.2024 Page No.# 5/5 and then he approached his engaged counsel in his District at Dhubri on 09.07.2024 and consulted with his engaged counsel. After going though the documents, his engaged counsel informed him to come on 23.07.2024. Consequently, this resulted in the delay of 240 days. 6. Learned counsel for the respondents has raised serious objection stating that the delay has not been properly explained. The laches and negligence is apparent as there has been a prolonged delay of 240 days. 7. I have considered the submissions at the Bar. 8. It is submitted that the applicant will be highly prejudiced if the delay is not condoned. 9. Considering all aspects, it appears that malafide is not discernable. The grounds have been shown. Thereby, the delay of 240 days is condoned. 10. Registry to register the connected appeal. 11. In terms of the above observation, this application is disposed of at the costs of Rs. 1000/- JUDGE Comparing Assistant