Page No.# 1/4 GAHC010113842026 2026:GAU-AS:12379 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1958/2026 SMTI ASHALATA DAS AND ANR W/O LATE RAICHARAN DAS, R/O VILL- NAGARJHAR, P.O.- DAKHIN BIJNI, P.S.- MANIKPUR, DIST- BONGAIGAON, ASSAM, PIN- 783390. 2: MD. SULTAN ALI AHMED S/O LATE JAHANUDDIN R/O VILL- NAGARJHAR P.O.- DAKHIN BIJNI P.S.- MANIKPUR DIST- BONGAIGAON ASSAM PIN- 783390 VERSUS MD. SHAHADAT BEPARI AND 4 ORS. S/O LATE GOFUR BEPARI, R/O VILL AND P.O.- TILPUKHURI, P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN- 783384 2:MD. KALIMUDDIN SK. S/O LATE DULAL BEPARI R/O VILL AND P.O.- TILPUKHURI P.S.- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783384 3:MD. IBRAHIM SK S/O LATE DULAL BEPARI R/O VILL AND P.O.- TILPUKHURI P.S.- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783384 Page No.# 2/4 4:MD. YUNUS ALI S/O LATE DULAL BEPARI R/O VILL AND P.O.- TILPUKHURI P.S.- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783384 5:MD. TALUKDAR SK S/O LATE DULAL BEPARI R/O VILL AND P.O.- TILPUKHURI P.S.- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 78338 Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA Advocate for the Respondent : , In RFA Case No. 6542/2026 With RFA Case No. 6542/2026 (filing number) ------------ Advocate for : BANDANA HAZARIKA Advocate for : appearing for MD SHAHADAT BEPARI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 27.08.2026 [1] Heard Mr. R. Choudhury, the learned senior counsel, assisted by Ms. S.E. Murtaza, the learned counsel for the applicants. Page No.# 3/4 [2] It appears that by order dated 19.08.2026, this court has held that the notices issued to the opposite parties are duly served. Today, also no one is present for the opposite parties. [3] Hence, this court is inclined to proceed exparte against the opposite parties in this interlocutory application. [4] This interlocutory application has been filed by the applicants under Order XLI Rule 3A of the Code of Civil Procedure, 1908 read with Section 5 of the Limitation Act, 1963 praying for condonation of delay of 86 days in preferring the connected Regular First Appeal, wherein the judgement and decree dated 18.12.2025, passed by the court of the learned Civil Judge (Senior Division), Bongaigaon in T.S. No. 74/2017 has been impugned. [5] The learned senior counsel for the appellants has submitted that the reasons for delay in preferring the connected Regular First Appeal has been stated in paragraph Nos. 4, 5 and 6 of the instant interlocutory application. [6] After considering the reasons stated in the instant interlocutory application as well as also considering the submissions made by the learned senior counsel, this court is of the considered opinion that the applicants have been able to show that they were Page No.# 4/4 prevented by sufficient reasons from preferring the connected Regular First Appeal within the prescribed period of limitation, as such, the delay of 86 days in preferring the connected Regular First Appeal is hereby condoned and this interlocutory application is allowed. [7] The Registry is directed to register the connected Regular First Appeal and list the same for admission after a week, on a date to be fixed by it. [8] The interim relief granted on 22.07.2026 regarding stay of Title Execution Case No. 22/2026 shall continue until further order. [9] This interlocutory application is, accordingly, disposed of. JUDGE Comparing Assistant