Allowed

Mustt Majeda Begum and 3 Ors. v. MD Mohibul Islam and 2 Ors.

Gauhati HC11 Sept 2019I.A.(Civil)/328/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application for condonation of 102 days delay in filing a regular first appeal under Section 5 of the Limitation Act, 1963, finding sufficient cause for the delay with the respondents' consent.

What did the court decide?

Application allowed; delay of 102 days condoned; regular first appeal to be registered and listed for admission.

Mustt Majeda Begum and 3 Ors. Vs MD Mohibul… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010018482019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 328/2019

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1:MUSTT MAJEDA BEGUM AND 3 ORS W/O- LT ATOWAR RAHMAN, R/O- VILL- ISLAMPUR, P.O. AND P.S. JOGIGHOPA, DIST- BONGAIGAON, ASSAM, PIN- 783380

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2: MD. MONIRUL ISLAM W/O- LT ATOWAR RAHMAN R/O- VILL- ISLAMPUR P.O. AND P.S. JOGIGHOPA DIST- BONGAIGAON ASSAM PIN- 783380

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3: MD. OHIDUL ISLAM S/O- LT ATOWAR RAHMAN R/O- VILL- ISLAMPUR P.O. AND P.S. JOGIGHOPA DIST- BONGAIGAON ASSAM PIN- 783380

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4: MD. MOJIBAR RAHMAN S/O- LT ATOWAR RAHMAN R/O- VILL- ISLAMPUR P.O. AND P.S. JOGIGHOPA DIST- BONGAIGAON ASSAM PIN- 78338

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VERSUS

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1:MD MOHIBUL ISLAM AND 2 ORS W/O- LT ATOWAR RAHMAN, R/O- VILL- ISLAMPUR, P.O. AND P.S.

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Page No.# 2/3

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JOGIGHOPA, DIST- BONGAIGAON, ASSAM, PIN- 783380, ALTERNATIVE ADDRESS- MD. MOHIBUL ISLAM, A/O- LT ATOWAR RAHMAN, ALL INDIA RADIO CHANDMARI, GHY, DIST- KAMRUP (M), ASSAM, PIN- 781003

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3:MUSSTT. MUSLIMA BEGUM W/O- LT MOTIUR RAHMAN R/O- VILL- BHATIAPARA P.O. AND DIST- GOALPARA ASSAM 78312

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Advocate for the Petitioner : MR A D CHOUDHURY

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Advocate for the Respondent : MR. M H ANSARI (R1,R3)

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Linked Case : RFA Filing No. 16809/2018

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1:MUSTT MAJEDA BEGUM AND 3 ORS

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VERSUS

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1:MD MOHIBUL ISLAM AND 2 ORS

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Advocate for the Appellants : Advocate for the Respondent :

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BEFORE

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HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 11-09-2019

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Heard Mr. D. Choudhury, learned counsel for the applicants and Mr. M.H. Ansari, learned counsel for the respondent Nos. 1 & 3.

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By this application u/s 5 of the Limitation Act, 1963, the applicants have prayed for condonation of 102 days delay in preferring the regular first appeal.

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Page No.# 3/3

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Learned counsel for the respondent submits that he has no objection in allowing the application and condoning the delay.

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It appears that the applicants have shown the cause for the delay, which can be construed as sufficient cause. Therefore, having considered the submission of the learned counsel for both the sides and also that the respondents have no objection in condoning the delay, the application is allowed and the delay stands condoned.

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Office to register the regular first appeal and list it for admission.

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IA stands disposed of.

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JUDGE

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Comparing Assistant

Mustt Majeda Begum and 3 Ors. v. MD Mohibul Islam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mustt Majeda Begum and 3 Ors. v. MD Mohibul Islam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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