Applicants sought condonation of an 884-day delay in filing a second appeal. The court noted respondents were served but chose not to contest, applied the settled principle that such applications require a pragmatic and justice-oriented approach, and allowed the application.
Delay of 884 days in filing the connected appeal condoned.
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GAHC010036052024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/639/2024
In RSA No. 2080/2024
AYNAL HOQUE AND ANR S/O LATE JOYNAL SK,
RESIDENT OF VILLAGE SALMARA PART VII, PO BONDIHANA, PS FAKIRGANJ, DIST DHUBRI, ASSAM 7833349
2: ABDIN SK @ ABEDIN ALI S/O AYNAL HOQUE
RESIDENT OF VILLAGE SALMARA PART VII PO BONDIHANA PS FAKIRGANJ DIST DHUBRI ASSAM 783334
VERSUS
SHAJAHAN ALI AND ORS S/O LATE ARDASH ALI,
RESIDENT OF VILLAGE KOUNBARI, PO RANGAMATI, PS GAURIPUR, DIST ASSAM 783339
RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI PS GAURIPUR DIST ASSAM 783339
3:ESOB ALI S/O LATE ARDASH ALI
RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI
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PS GAURIPUR DIST ASSAM 783339
4:JEL HOQUE S/O LATE ARDASH ALI
RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI PS GAURIPUR DIST ASSAM 783339 5:ENNOS ALI S/O LATE ARDASH ALI
RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI PS GAURIPUR DIST ASSAM 783339
6:MOKSHED ALI S/O LATE ARDASH ALI
RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI PS GAURIPUR DIST ASSAM 783339
7:AMINA BIBI W/O AMJAD ALI
VILLAGE BAHIR SALMARA PART VII PO BONDIHANA PS FAKIRGANJ DIST DHUBRI ASSAM 783349
8:FORIDA BIBI W/O MANIK ALI RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI PS GAURIPUR DIST ASSAM 783339
9:SHAHANARA KHATUN D/O LATE ARDASH ALI
RESIDENT OF VILLAGE KOUNBARI PO RANGAMATI PS GAURIPUR
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DIST ASSAM 783339
10:AKRAM ALI S/O LATE ASIR UDDIN VILLAGE SALMARA PART VII PO BONDIHANA PS FAKIRGANJ DIST DHUBRI ASSAM 78334
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
03-06-2024
Heard Mr. A. Alim Sk, learned counsel for the applicant, who by means of this application has prayed for condonation of delay of 884 days in preferring the connected appeal.
Office Note dated 04.05.2024 reflects that notices have been served upon the respondent nos. 1 to 10 and the said note has also been accepted by this Court in its order dated 10.05.2024. The respondents have chosen not to contest the application.
The learned counsel has drawn the attention of this Court to the averments made in paragraphs 6 & 7 and has submitted that there were sufficient reasons which had prevented the applicant to prefer the appeal within the prescribed period of limitation.
An application for condonation of delay is to be examined from the perspective of the grounds of delay cited. In an appropriate case, even the aspect of delay would be relevant if it is an inordinate delay. It is a settled law that in adjudication of such application, a pragmatic and justice oriented approach is required.
Considering the above principles and reasons cited, the instant IA for
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condonation of delay is allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 884 days in preferring the connected second appeal should be condoned.
Aynal Hoque
Abdin Sk @ Abedin Ali
Shajahan Ali
Esha Hoque
Esob Ali
Jel Hoque
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
