Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:2874
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2540/2025 SRI PANKAJ KUMAR PAUL S/O LATE HARICHARAN PAUL, R/O HAILAKANDI TOWN, WARD NO. IV (NOW WARD NO. XIII), P.S. AND DIST. HAILAKANDI, PIN VERSUS SRI SUBRA BARON DASGUPTA S/O LAE GOURANGA LAL DASGUPTA, R/O VILL. PASCHIM KITTARBOND PART-1, P.S. LALA, DIST. HAILAKANDI, PIN Advocate for the Petitioner : MR. T ROY, MRS. B SARKAR Advocate for the Respondent : MR. J LASKAR,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.02.2026
1. Heard Ms. B. Sarkar, learned counsel for the applicant. Also heard Mr. J. Laskar, learned counsel for the sole respondent.
2. This Interlocutory application under Section 5 of the Limitation Act, 1963 has been filed by the applicant praying for condoning the delay of 8 days in filing the connected regular first appeal, whereby the applicant has impugned the Judgment and Decree dated 06.08.2024, passed in Title Suit No.70/2017.
3. Learned counsel for the applicant has submitted that the grounds for
Page No.# 2/2 delay has been stated by the applicant in paragraph No.6, 7 and 8 of the instant application.
4. Learned counsel for the respondent has submitted that considering the grounds shown by the applicant, he does not have objection if the delay is condoned.
5. Considering the submissions made by learned counsel for the parties as well as the grounds shown by the applicant for the delay in approaching this Court for filing the Appeal within the prescribed period of limitation, this Court hereby condones the delay of 8 days and allows this Interlocutory Application.
6. The Registry is directed to register the connected regular first Appeal and list the same for admission hearing on 02.03.2026 along with the connected Interlocutory Application.
7. Learned counsel for the applicant is directed to furnish the copy of the memo of appeal along with the Annexures as well as the copy of the Interlocutory Application filed by the applicant to the learned counsel for the respondent today itself.
8. The name of Mr. J. Laskar may be shown as the engaged counsel for the respondent when the connected Appeal is listed on 02.03.2026.
JUDGE Comparing Assistant