Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 11446 (GAU)

Sh. Ramfangzauva v. Smt. Lalremliani

I.A.(Civil)/130/2026 · 2026-07-29

Budi Habung

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC030004522026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/130/2026 Sh. Ramfangzauva S/o K. Zaneihthanga R/o Ramhlun South, Aizawl, Mizoram VERSUS Smt. Lalremliani D/o K. Zaneihthanga, R/o Ramhlun South, Aizawl, Mizoram Advocate for the Petitioner : Mr K Laldinliana Advocate for the Respondent : Linked Case : RFA/21/2026 Sh. Ramfangzauva S/o K. Zaneihthanga R/o Ramhlun South Aizawl Mizoram VERSUS Smt. Lalremliani Page No.# 2/4 D/o K. Zaneihthanga R/o Ramhlun South Aizawl Mizoram Advocate for the Petitioner : Mr K Laldinliana Advocate for the Respondent : Page No.# 3/4 B E F O R E HON’BLE MR. JUSTICE BUDI HABUNG ORDER 30.07.2026 Heard Mr. K. Laldinliana, learned counsel for the applicant. The learned counsel for the applicant submits that in pursuant to the order dated 03.07.2026, he has taken steps upon the sole respondent and thereafter, filed a compliance affidavit showing the proof of the notice having duly served upon the sole respondent and acknowledged by her. Perused the same, it appears that the respondent had duly received the notice by affixing her signature. In view of the above, the service of notice is complete. However, no one appears on behalf of the respondent. This is an application filed under Section 5 of the Limitation Act, 1963 praying for condoning the delay of 1637 days in filing the connected appeal under Section 96 of the Code of Civil Procedure, 1908 r/w Section 17 of the Mizoram Civil Courts Act 2005, against the impugned order dated 30.09.2021 along with the Heirship Certificate No. 908/2021. The ground for delay in not filing the connected appeal on time has been Page No.# 4/4 explain in paragraph Nos. 2 (i),(ii),(iii),(iv),(v) of the said application. Upon consideration of the ground explained in the aforesaid paragraphs, this Court is satisfied that the applicant was prevented by a sufficient caused in not preferring the connected appeal within the stipulated time. Moreover, the respondent despite the receipt of notice has failed to appear. Accordingly, it is presume that the respondent has no objection in condoning the delay. In view of the above, the delay of 1637 days in filing the connected appeal is hereby condoned. With the above, this I.A stands allowed and disposed of. The Registry shall register the appeal and listed for admission hearing after 2 (two) weeks. JUDGE Comparing Assistant