The court dismissed an application for condonation of delay in filing an appeal against a rent control order upon counsel's submission that the appeal was not maintainable. Consequently, the regular second appeal was held barred by limitation.
Application for condonation of delay dismissed; appeal barred by limitation.
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.
Page No.# 1/4
GAHC010026262019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/489/2019
SRI SWAPAN KUMAR KANU AND ANR
S/O SRI SATTYA NARAYAN KANU, R/O GAURIPUR TOWN, WARD NO. 3, P.O. AND P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN 783331
2: TAPAN KUMAR KANU S/O RI SATTYA NARAYAN KANU R/O GAURIPUR TOWN WARD NO. 3 P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN 78333
VERSUS
SMTI PARVATI BALA KANU AND 6 ORS
W/O LATE SIB LAL KANU, R/O WARD NO. 3, GAURIPUR TOWN, P.O. AND P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN 783331
2:RANJAN PRASAD KANU S/O LATE SIB LAL KANU R/O WARD NO. 3 GAURIPUR TOWN P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN 783331
3:SMTI MINA KANU W/O SRI MADAN PRASA KANU D/O LATE SIB LAL KANU P.O. DINGDINGA P.S. GOSSAIGAON DIST. KOKRAJHAR
Page No.# 2/4
BTAD PIN 783331 4:SMTI BINA KANU W/O SRI ASHOK KANU D/O LATE SIB LAL KANU R/O SILIGURI (NAYABAZAR) P.O. AND P.S. SILIGURI DIST. DARJEELING WEST BENGAL PIN 734005 5:SMTI MIRA KANU W/O SRI SANJAY GUPTA D/O LATE SIB LAL KANU P.O. RAMPHU BAZAR DIST.DARJEELING WEST BENGAL PIN 734315 6:JAGADISH SHAH W/O LATE SHIB RATAN SHAH R/O GAURIPUR TOWN WARD NO. 4 P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN 783331 7:BASDEO SHAH S/O LATE HIRALA SHAH R/O GAURIPUR TOWN WARD NO. 4 P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN 78333
Advocate for the Petitioner : MR G P BHOWMIK
Advocate for the Respondent : MS. R CHOUDHURY
Linked Case :
SRI SWAPAN KUMAR KANU AND ANR
Page No.# 3/4
VERSUS
SMTI PARVATI BALA KANU AND 6 ORS
-----------Advocate for : Advocate for : appearing for SMTI PARVATI BALA KANU AND 6 ORS
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
08.05.2024
Mr. D. K. Kalita, the learned counsel appearing on behalf of the applicants submits that the instant application is an application seeking condonation of delay of 71 days in preferring the accompanying Appeal against the order dated 25.04.2018 passed by the learned Civil Judge, Dhubri in Title Appeal No.36/2015.
Page No.# 4/4
been filed challenging the said order. The learned counsel for the applicants therefore submits that he may be permitted to withdraw instant application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the withdrawal of the condonation of delay application leaves the accompanying appeal barred by limitation?
2 provisions across 2 enactments
Sri Swapan Kumar Kanu
Smti Parvati Bala Kanu
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
