Page No.# 1/5 GAHC010285932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/18/2026 SMTI SARALA RABIDAS DAUGHTER OF LATE NARAYAN RABIDAS, WIFE OF NARAYAN PRASAD RABIDAS, RESIDENT OF WARD NO. 6, CHIRING CHAPORI, JYOTI RUPA PATH, P.O. AND P.S.- DIBRUGARH, DISTRICT- DIBRUGARH, ASSAM VERSUS SMTI SANGITA RABIDAS AND 4 ORS. WIFE OF SRI JAY RABIDAS, R/O WARD NO. 4, GOLAGHAT TOWN, P.O. AND P.S.- GOLAGHAT, DIST- GOLAGHAT, ASSAM 2:SMTI GAURI RABIDAS WIFE OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM 3:JAY RABIDAS SON OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM 4:BIJAY RABIDAS SON OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT Page No.# 2/5 DIST- GOLAGHAT ASSAM 5:AJAY RABIDAS SON OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSA Advocate for the Petitioner : MR N N UPADHYAYA, MR. S UPADHAYA,MR. B B KAKATI,MR. V PANDEY,MR. D K BAGCHI Advocate for the Respondent : , Linked Case : SMTI SARALA RABIDAS DAUGHTER OF LATE NARAYAN RABIDAS WIFE OF NARAYAN PRASAD RABIDAS RESIDENT OF WARD NO. 6 CHIRING CHAPORI JYOTI RUPA PATH P.O. AND P.S.- DIBRUGARH DISTRICT- DIBRUGARH ASSAM VERSUS SMTI SANGITA RABIDAS AND 4 ORS. WIFE OF SRI JAY RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM 2:SMTI GAURI RABIDAS WIFE OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN Page No.# 3/5 P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM 3:JAY RABIDAS SON OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM 4:BIJAY RABIDAS SON OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM 5:AJAY RABIDAS SON OF LATE MOINA RABIDAS R/O WARD NO. 4 GOLAGHAT TOWN P.O. AND P.S.- GOLAGHAT DIST- GOLAGHAT ASSAM ------------ Advocate for : MR N N UPADHYAYA Advocate for : appearing for SMTI SANGITA RABIDAS AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.03.2026 1. Heard Mr. N. N. Upadhyay, the learned counsel for the applicant. 2. On perusal of the office note dated 24.03.2026, it appears that the notice issued to all respondents have been received by the respondent No.1, hence, notice issued to the respondents are held Page No.# 4/5 to be duly served. 3. This Interlocutory Application under Section 5 of the Limitation Act, 1963 has been filed by the applicant Smt. Sarala Rabidas, praying for condonation of delay of 9 days in preferring the connected appeal whereby the judgment and decree dated 22.08.2025 and 08.09.2025 respectively, passed by Court of the learned Civil Judge (Senior Division), Golaghat in Title Suit No. 03/2023 has been impugned. 4. I have gone through the reasons for delay cited by the applicant in paragraph Nos. 3 and 4 of the instant Interlocutory Application. 5. The learned counsel for the applicant has submitted that as the applicant was suffering from fracture of leg and was under treatment for a period of three months, she could not pursue the matter of filing the connected appeal within a prescribed period of limitation. 6. Considering the grounds stated in the paragraph Nos.2 and 3 of the instant Interlocutory Application has sufficient cause, which prevented the applicant for approaching this Court in filing the connected appeal within the prescribed period of limitation, the period of 9 in filing the appeal is hereby condoned and this Interlocutory Application is allowed. 7. The Registry is directed to register the connected appeal and list the same for admission after a week on a date to be fixed by it. Page No.# 5/5 8. List accordingly. JUDGE Comparing Assistant