Page No.# 1/3 GAHC030004652026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/133/2026 Sh. R. Ramngaihzuala S/o Smt. Manthangi (L), R/o Electric Veng, Aizawl, Mizoram VERSUS Smt. Lalhmingthai D/o Smt. Manthangi (L), R/o Electric Veng, Aizawl, Mizoram Advocate for the Petitioner : Mr. C Lalfakzuala Advocate for the Respondent : Lalremtluanga Linked Case : RFA/23/2026 Sh. R. Ramngaihzuala S/o Smt. Manthangi (L) R/o Electric Veng Aizawl Mizoram VERSUS Smt. Lalhmingthai D/o Smt. Manthangi (L) R/o Electric Veng Aizawl Mizoram Page No.# 2/3 Advocate for the Petitioner : Mr. C Lalfakzuala Advocate for the Respondent : Lalremtluanga B E F O R E HON’BLE MR. JUSTICE SOUMITRA SAIKIA ORDER 27.08.2026 Heard Mr. C. Lalfakzuala, learned counsel for the applicant. 2. This I.A has been filed by the applicant seeking leave to file an appeal against the order dated 05.12.2023 passed by the Civil Judge (Senior Division)-I, Aizawl Judicial District, Aizawl in Probate Case No. 13/2023. 3. It is submitted by the counsel for the applicant that Smt. Manthangi had executed the last will dated 12.06.2017 in favor of the applicants and therefore the applicants had approached the Court for issuance of Probate by the Competent Court. It is submitted that the present applicants is one of the son of the late Smt. Manthangi and there was no notice issued to him before the impugned order dated 05.12.2023 issued by the Court. As a consequence thereof, the petitioner seeks to challenge the order and therefore the present leave application has been filed. 4. By order dated 16.07.2026, notice was issued to the respondent and Page No.# 3/3 the applicant was also given liberty to take service by way of dasti through the Registry. Pursuant thereto, the service by was of dasti was undertaken and in the affidavit of compliance was filed there is an endorsement of the opposite party in the notice which was served and which is enclosed to the affidavit of compliance filed before the Court. 5. Office note dated 24.08.2026 reflects that A/D card on the sole respondent had not been returned. However, it also indicates that the sole respondent has been represented by filing the Vakalatnama. 6. Today when the matter is called up, although the cause list reflects the name of counsel Lalremtluanga representing the opposite party, however, none appears for the sole respondent/opposite party. 7. Considering the submissions made, the leave to file an appeal is hereby granted subject to the satisfaction of the Court in respect of any application being available for condonation of any delay that may have occurred. 8. I.A.(Civil) No. 133/2026 accordingly stands allowed. JUDGE Comparing Assistant