Order granting condonation of delay in filing an appeal due to medical treatment. The respondent did not object. Application disposed of.
Delay of 106 days in filing the appeal is condoned.
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GAHC010002762019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 54/2019 in Mat.App./16479/2018
1:SMTI. RUPA BORA
W/O SRI SRIMANTA NATH, R/O SUKDAL SARUBARI, P.S. MIKIRBHETA, MOUZA MIKIRBHETA, DIST. MORIGAON, ASSAM.
VERSUS
1:SRI SIMANTA NATH
S/O LATE KAMESWAR NATH, R/O VILL. HABIBARANGABARI, P.S. MIKIRBHETA, MOUZA MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN 782106
Advocate for the Petitioner : MR. R J BORDOLOI
Advocate for the Respondent : MR. A MANNAF
BEFORE
HON’BLE THE CHIEF JUSTICE (ACTING) MR. ARUP KUMAR GOSWAMI HON’BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
11.09.2019
[ Manish Choudhury, J. ]
Heard Mr. R. Ali, learned counsel for the applicant. Also heard Mr. A. Mannaf, learned counsel appearing for the respondent.
This is an application for condonation of delay of 106 days in filing the connected appeal.
The notice on the sole respondent was served on 11.02.2019. Though on 28.06.2019 Mr. Mannaf had prayed for three weeks’ time to file objection to the application, no objection was filed
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and today he has submitted that he has no objection if the period of delay is condoned.
We have perused the averments made in this application.
The delay in filing the appeal is sought to be justified by stating that the applicant had undergone medical treatment in Morigaon Civil Hospital due to her abdominal pain and the doctor advised her to take rest at least for a period of two months and after her recovery, she had taken steps regarding filing of the appeal and in the process, delay had occasioned.
On consideration of the materials on record and as the prayer for condonation is not opposed by the learned counsel for the sole respondent, delay is condoned.
I.A. stands disposed of.
Sd/Sd/- JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
1 issue framed by the court
Application filed for condonation of delay in filing an appeal.
Smti. Rupa Bora
Sri Simanta Nath
Arup Kumar Goswami
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
