Khaleda Bewa @ Begum and 2 Ors v. Mustika Yesmin

ORDER Page No.# 3/4

19.06.2024

This is an application under Order XLI, Rule 3(A) of the Code of Civil Procedure, 1908, (for short, the Code) read with Section 5 of the Limitation Act, 1963 for condoning the delay of 1322 days in preferring the accompanying regular second appeal against the judgment and decree dated 16.05.2015 passed by the learned Civil Judge at Goalpara in Title Appeal No.12/2014.

¶2I have heard Mr. FZ Mazumdar, the learned counsel appearing on behalf of the applicants. None had appeared on behalf of the respondent.

¶3The sole ground which has been taken in the application is that the applicants pursuant to receipt of notice in Title Appeal No.12/2014 from the Court of the learned Civil Judge at Goalpara had engaged a counsel. Thereupon, the said Title Appeal so filed by the respondent herein was allowed thereby setting aside the judgment and decree dated 24.09.2014 passed in Title Suit No.42/2012. Thereafter, it has been further stated that the applicants came to learn about the said judgment and decree on 01.05.2018 on their own source and pursuant thereto the instant appeal was preferred.

¶4There is no explanation as to why the applicants did not have any contact with the engaged advocate for almost three years or for that matter during the period when the appeal was pending. There is no mention as to how the applicants came to learn about the judgment and decree passed on 16.05.2015 in Title Appeal No.12/2014. Under such circumstances, this Court is of the opinion that the applicants have failed to disclose any sufficient cause for condoning the delay of 1322 days in preferring the accompanying second appeal against the judgment and decree dated 16.05.2015 passed in Title Page No.# 4/4 Appeal No.12/2014.

¶5Accordingly, the instant application stands dismissed.

¶6Taking into account that the instant application has been dismissed, the accompanying second appeal which has been directed against the judgment and decree dated 16.05.2015 in Title Appeal No.12/2014 by the Court of the learned Civil Judge at Goalpara cannot be entertained as it has become barred by limitation.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010095942019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1536/2019o KHALEDAoBEWAo@oBEGUMoANDo2oORSo W/O-oLATEoMOZIBARoRAHMAN,o R/O-oNAYAPARA,oGOALPARAoTOWN,oP.O.oANDoP.S.oGOALPARA,oDIST.-o GOALPARA,oASSAM. 2:oNAZIMoALOMo@oRINKU oS/O-oMOZIBARoRAHMAN o R/O-oNAYAPARA oGOALPARAoTOWN oP.O. oP.S.oANDoDIST.-oGOALPARA oASSAM. 3:oMUKTADEERoALOM oS/O-oLATEoMOZIBARoRAHMAN o R/O-oNAYAPARA oGOALPARAoTOWN oP.O. oP.S.oANDoDIST.-oGOALPARA oASSAMo VERSUSo MUSTIKAoYESMINo W/O-oNURoMOHALoISLAM,o R/O-oNAYAPARA,oGOALPARAoTOWN,oP.O.,oP.S.oANDoDIST.-oGOALPARA,o ASSAM,oPIN-o788381. AdvocateoforotheoPetitionerooooo:oMRoFoZoMAZUMDERo Page No.# 2/4 Advocate for the Respondent : MS BISMITA BARMAN Linked Case : KHALEDA BEWA @ BEGUM AND 2 ORS. W/O- LATE MOZIBAR RAHMAN R/O- NAYAPARA GOALPARA TOWN P.O. AND P.S. GOALPARA DIST.- GOALPARA ASSAM. VERSUS MUSTIKA YESMIN W/O- NUR MOHAL ISLAM R/O- NAYAPARA GOALPARA TOWN P.O. P.S. AND DIST.- GOALPARA ASSAM PIN- 788381. Advocate for the applicant(s): Mr. FZ Mazumdar Advocate for the respondent(s): X X B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH