Page No.# 1/3 GAHC010013222026 2026:GAU-AS:1556 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/248/2026 MS. AYESHA BEGUM AND ANR DAUGHTER OF LATE AFZAL HAQUE, R/O HOUSE NO. 41, GULFAZ MANSION, NEAR JABBAR MARKET, S.J. ROAD, ATHGAON, P.O.- GUWAHATI-781001, ASSAM 2: MD. SAHIL FARUQUE SON OF LATE AFZAL HAQUE R/O HOUSE NO. 41 GULFAZ MANSION NEAR JABBAR MARKET S.J. ROAD ATHGAON P.O.- GUWAHATI-781001 ASSA VERSUS SMTI REZINA BEGUM AND 3 ORS WIFE OF LATE NURUL AKHTAR, R/O HOUSE NO. 41, GULFAZ MANSION, S.J. ROAD, ATHGAON, P.O.- GUWAHATI-781001, ASSAM 2:AKRAM FARUQUE SON OF LATE NURUL AKHTAR R/O HOUSE NO. 41 GULFAZ MANSION S.J. ROAD ATHGAON P.O.- GUWAHATI-781001 ASSAM 3:ASIM FARUQUE SON OF LATE NURUL AKHTAR R/O HOUSE NO. 41 GULFAZ MANSION Page No.# 2/3 S.J. ROAD ATHGAON P.O.- GUWAHATI-781001 ASSAM 4:ANIS FARUQUE SON OF LATE NURUL AKHTAR R/O HOUSE NO. 41 GULFAZ MANSION S.J. ROAD ATHGAON P.O.- GUWAHATI-781001 ASSA Advocate for the Petitioner : MR J C GAUR, U AGARWAL,MS. P DAS Advocate for the Respondent : , Linked Case : OC/0/0 MS AYESHA BEGUM AND ANR ASSAM VERSUS SMTI REZINA BEGUM AND ORS ASSAM ------------ Advocate for : Jagadish Chandra Gaur Advocate for : appearing for SMTI REZINA BEGUM AND ORS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 06.02.2026. Heard Mr. J.C. Gaur, learned counsel for the applicant/appellant. This is an application Section 5 of the Limitation Act, 1963, praying for condonation of delay of 2 days, in filing the connected appeal against the order Page No.# 3/3 dated 10.09.2025, passed by the learned Civil Judge (Sr. Division) No.1, Kamrup (M) at Guwahati, in Misc. (J) Case No.432/2025, arising out of Title Suit No.289/2025, rejecting the prayer for temporary injunction. It is submitted by Mr. Gaur, the learned counsel for the applicant/appellant that within the period of limitation, the appeal ought to have been filed on 14.12.2025 but as it was Sunday, the appeal was filed on 15.12.2025. However, the Registry had calculated that there is two days’ delay in filing the connected appeal. Mr. Gaur further submitted that there are no intentional lashes or negligence on the part of the appellant and there may be some wrong calculations and accordingly the delay of two days is notified by the Registry. Considering the submissions made by learned counsel for the applicant/appellant and also considering the number of delays, the present Interlocutory Application is allowed, condoning the delay of two (2) days, in filing the connected appeal against the order dated 10.09.2025, passed by the learned Civil Judge (Sr. Division) No.1, Kamrup (M) at Guwahati, in Misc. (J) Case No.432/2025, arising out of Title Suit No.289/2025. The Registry is directed to register the appeal and list the same accordingly after three (3) weeks. This Interlocutory Application stands disposed of accordingly. JUDGE Comparing Assistant