Page No.# 1/3 GAHC030001762026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/61/2026 Sh. Onish Moy Chakma S/o Sonadhan Chakma, Resident of Kamalanagar-I, Chakma Autonomous District Council (CADC), Lawngtlai District, Mizoram VERSUS Smt. Badhi Chakma W/o Dipen Chakma, Resident of Kamalanagar-IV, Chakma Autonomous District Council (CADC), Lawngtlai District, Mizoram Advocate for the Petitioner : Mr. Samuel L Pachuau Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN JUDGEMENT Date : 25-06-2026 Heard Mr. Samuel L. Pachuau, learned counsel for the applicant and Mr. S. Vanlalhriata, learned counsel for the opposite party. This application under Section 5 of the Limitation Act is preferred by the applicant for condonation of delay of 10 days in preferring connected appeal Page No.# 2/3 against the Judgment dated 15.12.2025 passed by the District Council Court, Chakma Autonomous District Council (CADC). The learned counsel for the applicant submits that the applicants herein are living in a far-flung area and that the certified copy of the impugned judgment could not be obtained in time and there was also delay in obtaining legal opinion and also he has taken same time in preparation of the memo of appeal and as such, the appeal could not be filed within a stipulated period of 90 days and there is delay of 10 days in filing the same, and the same is not intentional rather it is circumstantial and he has a good case to be heard on merit and under such circumstances, he has contended to allow this application. The learned counsels for the opposite parties, however, vehemently oppose the petition. He submits that the delay has not been properly explained and what is submitted by the learned counsel for the applicant is not incorporated in the application itself and under such circumstances, he has contended to dismiss this application and he also apprise this Court that execution proceedings has already been initiated against the applicant herein. This Court has carefully considered the submissions of the learned counsels for both the parties and also carefully gone through the explanation put forwarded in the application and also the documents placed on record. It appears that in paragraph No. 5 of the application the applicant has stated that the delay occurred due to unavoidable circumstances while arranging the certified copy of the judgment, preparing the appeal papers, and obtaining necessary legal consultation and instructions. And it also appears that the delay is not intentional rather it appears to be a bona fide one and the same Page No.# 3/3 stands sufficiently explained in paragraph No. 5 of the application and therefore, this Court is inclined to allow this application by condoning the delay of 10 days in preferring the connected appeal. Accordingly, this application stands allowed. Delay of 10 days in preferring connected appeal stands condoned. In view of the order passed in this Interlocutory Application, Registry shall register the appeal and list the same before the Court on 29.06.2026. JUDGE Comparing Assistant