The Gauhati High Court disposed of an interlocutory application for condonation of delay in preferring an appeal under Section 5 of the Limitation Act. The delay was condoned as the respondent raised no objection.
The delay of 20 days is condoned and the application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010076632023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1069/2023
ON THE DEATH RAMDAYAL THAKUR HIS LEGAL HEIRS BABAN THAKUR S/O LATE RAM DAYAL THAKUR, R/O EAST MILAN NAGAR, P.O. C.R. BUILDING, DIBRUGARH DIST. DIBRUGARH, ASSAM, PIN 786003.
VERSUS
SRI RAMESWAR THAKUR and 2 ORS S/O RAM IQBAL THAKUR, R/O HOUSING COLONY, EAST MILAN NAGAR, P.O. C.R. BUILDING, DIBRUGARH, DIST. DIBRUGARH, ASSAM, PIN 786003.
2:SRI PANNA LAL THAKUR
S/O RAM IQBAL THAKUR R/O HOUSING COLONY EAST MILAN NAGAR P.O. C.R. BUILDING DIBRUGARH DIST. DIBRUGARH ASSAM PIN 786003.
3:SRI DIWANTI THAKUR
W/O SRI PANNA LAL THAKUR R/O HOUSING COLONY EAST MILAN NAGAR P.O. C.R. BUILDING DIBRUGARH DIST. DIBRUGARH ASSAM PIN 786003
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Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : MR. A BHATTACHARJEE
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
03.05.2023
Heard Ms. S. Todi, the learned counsel appearing for the applicant. Also heard Mr. A. Bhattacharjee, learned counsel representing all the opposite parties.
This is an application under Section 5 of the Limitation Act praying for condonation of delay of 20(Twenty) days in preferring the connected appeal.
Mr. Bhattacharjee has fairly submitted that he has no objection if the delay is condoned. Accordingly, the delay stands condoned.
The name of the legal heir of the sole appellant mentioned in paragraph 2 of the application shall be impleaded in place of the deceased appellant Lt. Ram Dayal Thakur in the title page of the memo of appeal.
The Interlocutory Application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether condonation of delay be granted under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Baban Thakur
Sri Panna Lal Thakur
Sri Diwanti Thakur
Part血脂JI*
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
