Single-judge order tronga interlocutory application to condone a three-day delay in filing a revisions appeal. The court permitted the condonation based on the factual averments and lack of opposition. The RSA was listed for admission.
Delay of three days in preferring the appeal is condoned; RSA listed for admission hearing.
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GAHC010012592018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 143/2018
1:BHUBANESWARI @ BHUBANE CHOUDHURY R/O VILL. BAKHARAPARA PART-II, BONGAIGAON, P.O. BONGAIGAON, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM 783380 AGED ABOUT 81 YEARS, RELIGION HINDU, CASTE RAJBANSHI
2: PANKAJ CHOUDHURY R/O VILL. BAKHARAPARA PART-II BONGAIGAON P.O. BONGAIGAON P.S. BONGAIGAON DIST. BONGAIAON ASSAM 783380 AGED ABOUT 51 YEARS RELIGION HINDU CASTE RAJBANSHI
3: JAYANTI CHOUDHURY R/O VILL. BAKHARAPARA PART-II BONGAIGAON P.O. BONGAIGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM 783380 AGED ABOUT 54 YEARS RELIGION HINDU CASTE RAJBANSHI MOBILE NO. 0995477134
VERSUS
1:HIMANGSHU KR. MISHRA
PRESENTLY R/O BARPARA, BONGAIGAON TOWN, WARD NO. 5, P.O. BONGAIGAON, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM 783380
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2:KALPANA CHOUDHURY R/O VILL. BAKHARAPARA PART-II BONGAIGAON TOWN P.O. BONGAIGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM 783380
3:CHANDRA PRABHA BARMAN W/O SRI GHANA KANTA BARMAN R/O VILL. HURAMARA P.O. BATGURI HURAMARA P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM 783383
4:ARPANA TALUKDAR W/O SRI AJIT TALUKDAR R/O NORTH GUWAHATI GHORAMARA P.O. NORTH GUWAHATI DIST. KAMRUP (RURAL) ASSAM 781030
5:SHYAMALI CHOUDHURY R/O VILL. BAHARAPARA PART-II BONGAIGAON P.O. BONGAIGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM 783380
6:RASHMI REKHA CHOUDHURY R/O VILL. BAKHARAPARA PART-II BONGAIGAON P.O. BONGAIGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM 783380
7:RUPREKHA CHOUDHURY R/O VILL. BAKHARAPARA PART-II BONGAIGAON P.O. BONGAIGAON
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P.S. BONGAIGAON DIST. BONGAIGAON ASSAM 783380
8:SMTI. RINA CHOUDHURY D/O. LATE RAJENDRA CH. CHOUDHURY AND W/O LATE ANIMESH BIHARI DAS RESIDENT OF VILLAGE BAKHARAPARA PART-II BONGAIGAON TOWN P.O. BONGAIGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM-783380
Advocate for the Petitioner : MR D C NATH
Advocate for the Respondent : MR. C SHARMA (R-2 TO 5)
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
16.11.2018
Heard Mr. S. K. Saharia, learned counsel for the applicant. Also heard Ms. N. Modi, learned counsel for respondent Nos.2, 3, 4 and 5. The remaining respondents are absent despite service of notice.
This I.A. has been filed with a prayer to condone the delay of 3 days in filing the connected RSA. I have perused the explanation furnished in the application.
Ms. Modi submits that she does not have any instruction to oppose the prayer made in this application.
In view of the above and considering the averments made in the I.A., I
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am of the view that the applicant was prevented by sufficient reason from filing the second appeal within time. As such, the delay of three days in preferring the appeal is condoned.
Office to list the RSA for admission hearing.
I.A. stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay of three days in filing the revisions? appeal to be condoned.
Whether the explanation for delay warrants condonation of time?
Bhubaneswari @ Bhubane Choudhury
Pankaj Choudhury
Jayanti Choudhury
Himangshu Kr. Mishra
Kalpana Choudhury
Chandra Prabha Barman
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
