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2026 DAILYLAW 1627 (GAU)

SUNESWAR DAS, v. SMTI SANGITA DAS AND 4 ORS

I.A.(Civil)/3450/2025 · 2026-02-04

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010143462025 2026:GAU-AS:1513 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3450/2025 SUNESWAR DAS, S/O BABAI DAS, R/O BHITOR KAKILA, P.O. NEMATI GHAT, P.S. JORHAT, DIST. JORHAT, ASSAM, PIN 785111 VERSUS SMTI SANGITA DAS AND 4 ORS W/O LATE RINKU DAS 2:MRS. GOBINDI DAS W/O LAE SUNDER DAS. 3:RITURAJ DAS S/O LATE RINKU DAS (ALL ARE R/O VILL. GORIABHANGA GAON P.O. AND P.S. NIMATI DIST. JORHAT ASSAM PIN 785111) 4:SBI GENERAL INSURANCE CO. LTD. G.S. ROAD GUWAHATI POLICY NO. 000000000667269-07 5:JITU SONOWAL S/O SONA SONOWAL R/O SONOWAL KACHARI GAON P.S. AND P.O. JENGRAIMUKH DIST. MAJULI ASSAM Page No.# 2/3 PIN 785104 D/ NO AS 13 2015003890 Advocate for the Petitioner : MR. M SARANIA, MR R.BEZBARUAH,MR A SARANIA,MR. P P GOGOI Advocate for the Respondent : B R DAS (R-1), BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 05-02-2026 Heard Mr. N. Gogoi, learned counsel appearing on behalf of Mr. M. Sarania, learned counsel for the applicant/appellant and Mr. B. R. Das, learned counsel for the respondent No.1. This matter is identified for sending it to the mediation, but it is seen that the appeal is yet to be registered. This interlocutory application has been filed under Section 5 of the Limitation Act for condonation of delay of 75 days in preferring the connected appeal against the judgment and award dated 10.01.2025, passed by the learned Member, MACT, Kamrup (M), Guwahati in MAC Case No. 791/2020. It is submitted by Mr. Gogoi, learned counsel that there is no laches or negligence on the part of the applicant. However, there is a delay of 75 days delay in preferring the connected appeal, as he came to know about the judgment only on 19.01.2025 and thereafter, only the appellant made contact with the counsel and then the memo of appeal has been prepared for which there was a delay of 75 days in preferring the appeal. Mr. Das, learned counsel raised no objection in condoning the delay of 75 Page No.# 3/3 days. Considering the submissions made by the learned counsel for the applicant and also considering the grounds mentioned in the petition, which are considered to be reasonable and justified and also for the ends of justice, the delay of 75 days in preferring the connected appeal is hereby condoned. The Registry is directed to register and number the connected appeal and list the appeal after two weeks, on a date to be fixed by it. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant