Page No.# 1/4 GAHC010028222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/447/2026 MINATI SAHA WO LT SRI JAGADISH CH SAHA, RO HOWLY TOWN, WARD NO 2, MOUZA GHILAJARI, PO HOWLY, PS AND DIST BARPETA, ASSAM 2: PRANAB KUMAR SAHA SO LT SRI JAGADISH CH SAHA RO HOWLY TOWN WARD NO 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM 3: PRABIR SAHA SO LT SRI JAGADISH CH SAHA RO HOWLY TOWN WARD NO 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSAM 4: NABIN SAHA SO LT SRI JAGADISH CH SAHA RO HOWLY TOWN WARD NO 2 MOUZA GHILAJARI PO HOWLY PS AND DIST BARPETA ASSA VERSUS NUR MOHAMMAD Page No.# 2/4 SO LATE YAD ALI, RO HATIJANA MOUZA GHILAZRI, PS AND DIST BARPETA, ASSAM 2:NURUL ISLAM SO LATE YAD ALI RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSAM 3:POLU MIYA SO LATE ABU BAKKAR RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSAM 4:NUR MOHAMMAD SHEIKH SO LATE ABU BAKKAR RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSAM 5:RAMELA KHATUN DO LATE YAD ALI RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSAM 6:FUL KHATUN DO RABIA KHATUN RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSAM 7:RABIA KHATUN DO LATE YAD ALI RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSAM 8:MAMELA KHATUN ALIAS SAMELA KHATUN DO LATE YAD ALI RO HATIJANA MOUZA GHILAZRI PS AND DIST BARPETA ASSA Advocate for the Petitioner : MR. A R SIKDAR, MR. A HUSSAIN,J A SIKDAR Advocate for the Respondent : MR S HUSSAIN, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.02.2026 1. Heard Mr. A. Hussain, learned counsel for the applicants and also heard Mr. S. Hussain, learned counsel for the respondent. 2. This I.A. has been preferred seeking condonation of delay of 139 days in filing the petition for substitution of the legal heirs of the deceased/respondent No.1 in the connected RSA No. 22/2012. 3. The applicants herein are the legal heirs of the said deceased/respondent No.1. 4. It is stated that Applicant No.1 is an illiterate woman of remote village, the Applicant No.2, 3 & 4 are his sons and all of them was not available at their home for Some period as they were at their ancestral home that is in Alipurduar i.e. in West Bengal and Respondent No.1 died in their ancestral village and the last rite and all the rituals have been done in their ancestral village and due to this the family was there for a course of time. As a result, they could only file this substitution application after being available in the house on return from Alipurduar and therefore there has been delay in taking decision to approach this Hon'ble Court for filing this substitution petition. Such delay is not intentional rather they are prevented due to aforesaid reason. As such the delay may be condoned in allowing the Substitution Petition. 5. That it is pertinent to mentioned that all the Applicants were not in their Page No.# 4/4 native place instead they were all in their ancestral village and could not take steps in filing the Substitution petition in time. 6. It is further submitted that the delay in part of the applicant was not intentional and hence the same may be condoned. 7. Having regard to the aforesaid statements supported by affidavit, this Court is of the view that the applicants were prevented by sufficient caused for approaching Court within the period of limitation. 8. Accordingly, the delay is condoned. 9. I.A. stands allowed. JUDGE Comparing Assistant