Abdul Matlib v. Abdul Sukkur and 4 Ors

ORDER Date : 10-04-2024 This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 114 days in preferring the accompanying second appeal against the Judgment and Decree dated 30.03.2022 passed by the Court of the learned Civil Judge, Karimganj in Title Appeal No.14/2020.

¶2The applicant have duly explained the delay in paragraph Nos 2, 3 and 4 of the said application stating inter alia that on account of medical illness of the applicant as well as of his wife he could not take immediate steps. Page No.# 3/3

¶3Taking into account the said grounds which have been taken and there has been no objection by the respondents inspite of service of notice, this Court is of the opinion that the delay in the instant application can be condoned.

¶4The grounds which have been assigned in the application in the opinion of this Court constitutes sufficient cause within in the meaning of Section 5 of the Limitation Act, 1963

¶5Accordingly, the delay of 114 days is condoned.

¶6IA stands disposed of.

¶7The Registry shall register the accompanying second appeal and list the appeal in the stage of Order XLI Rule 11 J U D G E

Comparing Assistant

PageoNo.#o1/3 GAHC010215532022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/782/2023o ABDULoMATLIBo S/OoLATEoTAIYOBoALI,o RESIDENToOFoDOLUGANG,oPOoBIDYANAGAR,oPSoRAMKRISHNAoNAGAR,o DISToKARIMGANJ,oASSAMo788166 VERSUSo ABDULoSUKKURoANDo4oORS.o S/OoLATEoTAIYOBoALI,o RESIDENToOFoDOLUGANG,oPOoBIDYANAGAR,oPSoRAMKRISHNAoNAGAR,o DISToKARIMGANJ,oASSAMo788166 2:ABDURoRAHMAN oS/OoLATEoTAIYOBoALI o RESIDENToOFoDOLUGANG oPOoBIDYANAGAR oPSoRAMKRISHNAoNAGAR oDISToKARIMGANJ oASSAMo788166 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoG.PoKARIMGANJ oASSAM 4:THEoSUBoREGISTRAR oR.KoNAGAR oPOoANDoPSoRAMKRISHNANAGAR oDISToKARIMGANJ oASSAMo78816o AdvocateoforotheoPetitionerooooo:oGoUDDINo Page No.# 2/3 Advocate for the Respondent : ADDL. AG,ASSAM Linked Case : ABDUL MATLIB VERSUS ABDUL SUKKUR AND 4 ORS. A ------------ Advocate for the Appellant(s) : Mr. P Adhikari Advocate for the Respondent(s): Ms. D. D. Barman, AGA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH