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2026 DAILYLAW 7512 (GAU)

Smt. Lalthlamuani and 2 Ors. v. Smt. Lalrinkimi

I.A.(Civil)/35/2026 · 2026-06-07

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/4 GAHC030000732026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/35/2026 Smt. Lalthlamuani and 2 Ors. D/o H. Lalkhawngaiha (L), R/o Vengthlang, Champhai, Mizoram 2: Smt. Lalromawii D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai 3: Smt. Biakhmingthangi D/o H. Lalkhawngaiha (L) R/o Vengthlang Champha VERSUS Smt. Lalrinkimi R/o New Champhai, Mizoram Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : Mr. C Lalfakzuala Linked Case : RFA/4/2026 Smt. Lalthlamuani and 2 Ors. D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai Mizoram 2: Smt. Lalromawii D/o H. Lalkhawngaiha (L) Page No.# 2/4 R/o Vengthlang Champhai 3: Smt. Biakhmingthangi D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai VERSUS Smt. Lalrinkimi R/o New Champhai Mizoram Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : Mr. C Lalfakzuala BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 08.06.2026 Heard Mr. Jonathan Lalrintluanga, learned counsel for the applicants. Also heard Mr. C. Lalfakzuala, learned counsel for the sole respondent. This IA has been preferred seeking condonation of delay of 156 days in preferring the connected appeal against the impugned Order dated 10.06.2025 passed by the Learned Civil Judge (Senior Division) in Probate Application No. 1/2025. By the said Order, probate was granted in respect of the will of the deceased in favor of the present respondent. Page No.# 3/4 The grounds stated in the instant IA explaining the aforesaid delay have been perused. It appears that the applicants were unaware of the impugned Order dated 10.06.2025, inasmuch as they were not impleaded as parties to the probate proceedings. It is stated that knowledge of the same came to the applicants/appellants sometime in the month of December, 2025, when the respondent allegedly claimed that the property in question has been mutated in her favor and consequently attempted to take possession of the said property. The subsequent period of about one and a half months was taken up by the process of obtaining certified copies, consulting with the advocate, and preparing the memo of appeal and connected applications. An objection has been filed on behalf of the sole respondent. However, the learned counsel, in the course of hearing, has fairly submitted that the applicants did not have prior knowledge of the probate proceedings since they were not made parties thereto. Having regard to the grounds stated, I am of the view that the applicants were prevented by sufficient cause from approaching this Court within a period of limitation prescribed by law. Accordingly, the delay in preferring the connected appeal is hereby condoned. Page No.# 4/4 IA stands disposed of. JUDGE Comparing Assistant