Page No.# 1/3 GAHC010017802025 2026:GAU-AS:2207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1112/2025 KHUKAN BHOWMIK AND 2 ORS. S/O LATE SHANKAR BHOWMIK VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON PIN-788116 2: MUNINDRA BHOWMIK S/O LATE SHANKAR BHOWMIK VILLAGE GERJAIPAM PS KACHUA DISTRICT NAGAON PIN 788116 3: SMTI MAYA RANI BHOWMIK W/O LATE SHANKAR BHOWMIK VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON PIN-788116 VERSUS KESHAB DHAR AND ANR S/O LATE BHAGAWAN DHAR VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON PIN-788116 2:CHARAN DHAR S/O LATE BHAGAWAN DHAR VILL- GERJAIPAM P.S.- KACHUA DIST- NAGAON Page No.# 2/3 PIN-788116 ------------ Advocate for : MR G SARMA Advocate for : appearing for KESHAB DHAR AND ANR BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 16.02.2026 Heard Mr. G. Sarma, learned counsel for the applicants. Also heard Ms. S. Roy, learned counsel for the opposite parties. 2. This application, under Section 5 of the Limitation Act, 1963, is preferred by the applicants for condoning the delay of 1834 days in preferring the application for setting aside abatement and substitution of the legal representatives of the deceased appellant No. 2, namely, Munindra Bhowmik. 3. Mr. Sarma, learned counsel for the applicants submits that the appellant No. 2, namely, Munindra Bhowmik in RSA No. 4/2010, suffered demise on 21.03.2019, and the earlier counsel suffered demise on 06.05.2018, and that there is a requirement to substitute the legal representatives of the appellant No. 2 in RSA No. 4/2010, and as such, he has contended to condone the delay of 1834 days in preferring the application for setting aside abatement and substitution of the legal representatives of the deceased appellant No. 2. 4. Ms. Roy, learned counsel for the opposite parties submits that she has no objection in the event of allowing this application. 5. Considering the submissions of learned counsel for both the parties, and also considering the explanation, so forthcoming for the delay, this Court is inclined to allow this application. Page No.# 3/3 6. Accordingly, the delay of 1834 days in preferring the application for setting aside abatement and substitution of the legal representatives of the deceased appellant No. 2, namely, Munindra Bhowmik, stands condoned. 7. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant