Page No.# 1/12 GAHC010086002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1413/2026 MD. NURUL ISLAM AND 9 ORS SON OF AJIMUDDIN, AGED ABOUT 68 YEARS, RESIDENT OF VILLAGE KURANIBORI, P.O. KURANIBORI, MOUZA MAYANG, P.S. MAYANG, DISTRICT MORIGAON, ASSAM 2: MD FARIDUL ISLAM SON OF NURUL ISLAM AGED ABOUT 29 YEARS RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 3: MD. DOLILUR ISLAM @ RAHMAN SON OF MD. NURUL ISLAM AGED ABOUT 34 YEARS RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 4: MD. SAMSUL HAQUE SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 5: MD. DULAL UDDIN Page No.# 2/12 SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 6: MD. SARIFUDDIN SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 7: MD. HANIF ALI SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 8: MUSTT. HALIMA KHATUN DAUGHTER OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 9: MUSTT. SALEHA KHATUN DAUGHTER OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 10: MUSTT. KHALIDA KHATUN DAUGHTER OF LATE AJIMUDDIN RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG Page No.# 3/12 P.S. MAYANG DISTRICT MORIGAON ASSA VERSUS MUSTT. KHATEMON @ MUSTT KHATEMAN NEESA AND 9 ORS WIFE OF LATE SABU SHEIKH @ SAFAR, RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI, P.O. KURANIBORI, MOUZA MAYANG, P.S. MAYANG, DISTRICT MORIGAON, ASSAM 2:MD. MAHIBUR RAHMAN @ MD. MOHIBUR ISLAM SON OF LATE SABU SHEIKH @ SAFAR RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 3:MUSTT NAZIA KHATUN DAUGHTER OF LATE SABU SHEIKH @ SAFAR RESIDENT OF VILLAGE RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 4:MD. IBRAHIM ALI SON OF LATE KAJIMUDDIN RESIDENT VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 5:MD. JAKIR HUSSAIN SON OF LATE KAJIMUDDIN VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 6:MD. ISMILE HUSSAIN SON OF LATE KAJIMUDDIN Page No.# 4/12 VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 7:MD. MOFIDUL HUSSAIN SON OF LATE KAJIMUDDIN VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 8:MUSTT. MARIAM NESSA DAUGHTER OF LATE KAJIMUDDIN VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 9:MUSTT.BEDNA KHATUN DAUGHTER OF LATE KAJIMUDDIN VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 10:MUSTT. JYOTSNARA KHATUN DAUGHTER OF LATE KAJIMUDDIN VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSA Advocate for the Petitioner : MR. S N TAMULI, MS. P K ZANNAT,MS. A BEGUM Advocate for the Respondent : MR A L MANDAL(R1,2,3), MD. S ALOM(R1,2,3) Page No.# 5/12 Linked Case : MD NURUL ISLAM SON OF AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 2: MD FARIDUL ISLAM SON OF MD. NURUL ISLAM RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 3: MD DOLILUR RAHMAN SON OF MD. NURUL ISLAM RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 4: MUSTT JALEKA KHATUN WIFE OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 5: MD SAMSUL HAQUE SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON Page No.# 6/12 ASSAM 6: MD DULALUDDIN SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 7: MD SARIFUDDIN SON OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 8: MUSTT HALIMA KHATUN DAUGHTER OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 9: MUSTT SALEHA KHATUN DAUGHTER OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 10: MUSTT KHALIDA KHATUN DAUGHTER OF LATE AJIMUDDIN RESIDENT OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM. VERSUS MUSTT KHATEMON NEESA Page No.# 7/12 WIFE OF LATE SABU SHEIKH ALIAS SAFAR RESIDENTS OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 2:MD MAHIBUR RAHMAN ALIAS MD MOHIBUR ISLAM SON OF LATE SABU SHEIKH ALIAS SAFAR RESIDENTS OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 3:MUSTT NAZIA KHATUN DAUGHTER OF LATE SABU SHEIKH ALIAS SAFAR RESIDENTS OF VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 4:MD IBRAHIM ALI SON OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 5:MD JAKIR HUSSAIN SON OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 6:MD ISMILE HUSSAIN SON OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG Page No.# 8/12 P.S. MAYANG DISTRICT MORIGAON ASSAM 7:MD MAFIDUL HUSSAIN SON OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 8:MUSTT MARIAM NESSA DAUGHTER OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 9:MUSTT BEDNA KHATUN DAUGHTER OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O. KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM 10:MUSTT JYOTSNARA KHATUN DAUGHTER OF LATE KAJIMUDDIN RESIDENTS VILLAGE KURANIBORI P.O.KURANIBORI MOUZA MAYANG P.S. MAYANG DISTRICT MORIGAON ASSAM. ------------ Advocate for : Arfina Begum Advocate for : appearing for MUSTT KHATEMON NEESA Page No.# 9/12 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 15.06.2026 1. Heard Mr. S. N. Tamuli, the learned counsel for the applicants. Also heard Mr. A. L. Mandal, the learned counsel for the respondent Nos. 1, 2 and 3. 2. The learned counsel for the applicants submits that the applicant as directed by this Court, tried to serve notice upon the respondent No.4 by Dasti Mode. However, the notice was not accepted by the responding No.4 and to that effect, an affidavit has been filed by the present applicants narrating the said facts. 3. The learned counsel for the applicants has further submitted that the notice issued to respondent No.4 by speed post has been duly delivered on him as appears from the postal track consignment report of notice sent through speed post to the said respondent. After going the postal track consignment report of the notice sent through speed post to the respondent No.4, this Court is of the considered opinion that the notice issued to the respondent No.4 has been duly served on him. 4. This Interlocutory Application has been filed by the applicants praying for a condemnation of delay of 40 days in preferring the connected Regular Second Appeal, by which the judgment and decree dated 09.07.2025, passed by the Court of the learned Civil Page No.# 10/12 Judge (Senior Division), Morigaon in Title Appeal No. 12/2023 is sought to be impugned. 5. The learned counsel for the applicants has submitted that after passing of the judgment and decree by the First Appellate Court in Title Appeal No. 12/2023 on 09.07.2025. The applicants applied for the certified copy and the said certified copy was obtained by them on 08.08.2025. However, when the said certified copy was produced by the present applicants before their engaged counsel, it was found that some of the pages of the judgment in the said certified copy were missing and, accordingly, the applicants were advised to apply for a fresh certified copy. 6. Accordingly, the applicants again applied for a fresh set of certified copies on 26.08.2025 and the certified copy was received by the applicants on 30.08.2025 and in the process of delay of 40 days has resulted. 7. The learned counsel for the applicants submits that there was no negligence on the part of the present applicants, which caused the delay and same was caused due to the facts, which were beyond the control of the applicants. 8. The learned counsel for the applicants is, therefore, submits that the reasons shown by the applicants in the Interlocutory Application may be considered as sufficient cause and the same may be condoned. 9. On the other hand, Mr. A. L. Mandal, the learned counsel for the respondent Nos. 1, 2 and 3 has opposed the prayer for Page No.# 11/12 condemnation of the delay on the ground that the applicants has failed to explain the delay, which has occurred in applying for the certified copy for the second time after it was pointed out by the engaged counsel for the applicants that some pages were missing. 10. He submits that no explanation has been given by the applicants as to why it took 18 days for applying for fresh certified copy for the second time after it came to the notice of the applicants that some of the pages of the certified copies are missing. 11. I have considered the submissions made by learned counsel for both sides. 12. Though, the applicants have not specifically explained as to what caused the applicants to wait till 26.08.2025 after they came to know about the fact that the first set of certified copy, which were obtained by them, there were some missing pages. 13. However, it appears that at the first instance, they filed the application for obtaining certified copy within 5 days from passing of the impugned judgment and, as such, at the first instance, the applicants were not negligent, it is only when it was pointed out to them by their engaged counsel that some of the pages of the certified copy furnished to them were missing. They again applied for the certified copy for the second time. 14. Though, it is not specifically mentioned in the Interlocutory Application as to when the fact of missing pages in the first set of certified copy came to their notice, however, while considering an application for condonation of delay, a justice-oriented approach has Page No.# 12/12 to be taken and in appropriate cases, the cause for delay may be liberally construed. 15. This Court is inclined to condone the delay of 40 days in preferring the connected appeal by the present petitioner,. 16. Accordingly, this Interlocutory Application is allowed and the delay of 40 days is condoned. 17. The Registry is directed to register the Regular Second Appeal and list the same for admission hearing on 22.06.2026. JUDGE Comparing Assistant