Sati Purokayasta @ Sathi Purkayastha and 3 Ors v. Monuj Kanti Paul

ORDER

25.09.2024

¶1Heard Ms. P. Bhattacharya, learned counsel for the applicants. Also heard Ms. A. Begum, learned counsel for the sole opposite party.

¶2Though earlier time was afforded to the opposite party for filing written objection, however, no written objection has been filed.

¶3This application under Section 5 of the Limitation Act, 1963 has been filed by the applicants for condoning the delay of 65 days in preferring the connected appeal by the applicants impugning the Judgment and Decree dated

01.08.2023, passed in Title Suit No. 07/2021 by the learned Civil Judge (Senior Division), Hailakandi.

¶4The learned counsel for the applicants has submitted that the applicant No. 1 is an aged lady of 78 years and is totally bedridden and unable to move without the assistance of others. She has also submitted that applicant No. 2 is a widow, who is the daughter-in-law of the applicant No. 1 and other two applicants are minor daughters of applicant No. 2.

¶5The learned counsel for the applicants has also submitted that the applicants have explained the cause for delay in preferring the connected appeal in paragraph Nos. 6 and 7 of the application for condonation of delay.

¶6The learned counsel for the sole opposite party has objected to the condoning of the delay in preferring the connected first appeal.

¶7I have considered the submissions made by the learned counsel for Page No.# 4/4 both the sides and have gone through the materials on record.

¶8On consideration of the submissions made by the learned counsel for the parties as well as on perusal of the grounds mentioned in paragraph Nos. 5 and 6 of the application for condonation of delay filed by the applicants, this Court is of considered opinion that the applicants have explained the cause for delay in preferring the connected appeal and the said cause may be regarded as sufficient cause for condoning the delay. Hence, this Interlocutory Application is allowed and the delay of 65 days in preferring the connected appeal is hereby condoned.

¶9The Registry is directed to register the connected appeal and list it for admission after Puja Vacation on a date to be fixed by the Registry.

¶10This Interlocutory Application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010077912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1130/2024o SATIoPUROKAYASTAo@oSATHIoPURKAYASTHAoANDo3oORSo W/OoLATEoKAMALAKHYAoPUROKAYASTAoRESIDENToOFoVIVEKANANDAo ROAD,oHAILAKANDIoTOWN,oWARDoNO.o12,oPO,oPSoANDoDISToHAILAKANDI, ASSAM 2:oSMTIoSUSMITAoPUROKAYASTAo@oSUSHMITAoPURKAYASTHA oW/OoLATEoKRISHNENDUoPUROKAYASTAo RESIDENToOFoVIVEKANANDAoROAD oHAILAKANDIoTOWN oWARDoNO.o12 oPO oPSoANDoDISToHAILAKANDI oASSAM 3:oSRIoSUBHAMoPUROKAYASTAo@oSUVOMoPURKAYASTHA oS/OoLATEoKRISHNENDUoPUROKAYASTAo RESIDENToOFoVIVEKANANDAoROAD oHAILAKANDIoTOWN oWARDoNO.o12 oPO oPSoANDoDISToHAILAKANDI oASSAM 4:oMISSoSNEHAoPUROKAYASTA oD/OoLATEoKRISHNENDUoPUROKAYASTAo RESIDENToOFoVIVEKANANDAoROAD oHAILAKANDIoTOWN oWARDoNO.o12 oPO oPSoANDoDISToHAILAKANDI oASSAMo Page No.# 2/4 TO BE REP. BY HER MOTHER PET NO. VERSUS MONUJ KANTI PAUL S/O SRI AMORANDRA PAUL, VILLAGE ALGAPUR PART I, PO KALIBARI BAZAR, PS ALGAPUR, DIST HAILAKANDI, ASSAM Advocate for the Petitioner : MS. P BHATTACHARYA, MR T GOGOI Advocate for the Respondent : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,S. M. ZINNA,MS A BEGUM In RFA Case No. 2591/2024 (Filing Number) SATI PUROKAYASTA @ SATHI PURKAYASTHA AND 3 ORS VERSUS MONUJ KANTI PAUL E ------------ Advocate for : MS. P BHATTACHARYA Advocate for : appearing for MONUJ KANTI PAUL E Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA