Application for condonation of a 240-day delay in filing a second appeal against a 2011 judgment and decree. With no representative of the applicant present, the condonation application was dismissed for non-prosecution and the appeal could not be entertained.
None granted; application dismissed for non-prosecution and appeal not entertained.
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
GAHC010009862012
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/3227/2012
GOBARDHAN MAHESWARI,
S/O LATE RAM CHANDRA MAHESWARI, R/O GARAIMARI, MOUZA PUBTHORIA, P.S. ULUANI, DIST. NAGAON, ASSAM.
VERSUS
MD. USMAN ALI and 19 ORS,
2:MD. ISMAIL ALI
3:MD. KUDDUS ALI
4:MD. ABDUL HAKIM
5:ABDUL HUSSAIN
6:MUSTT. RUPJAN NESSA
7:MUSTT. NURJAN NESSA @ KHATUN
NO. 1 TO 5 ARE THE SONS
NO. 6 IS THE WIFE AND NO. 7 and 8 ARE THE DAUGHTERS OF LATE ABBAS ALI R/O GARAIMARI MOUJA PUBTHORIA P.S. ULUANI
Page No.# 2/4
DIST NAGAON ASSAM.
8:MD. HARJAT ALI
S/O LATE SUNAULLAH R/O GARAIMARI MOUZA PUBTHORIA P.S. ULUANI DIST. NAGAON ASSAM.
10:MD. SURAB ALI
BOTH ARE S/O LATE AZGAR ALI R/O GARAIMARI MOUZA PUBTHORIA P.S. ULUBARI DIST. NAGAON ASSAM.
11:MUSTT. SAFURA KHATUN
D/O LATE AZGAR ALI
12:MD. AINUDDIN MUNSI S/O LATE ASARUDDIN
13:MUSTT. ALAKZAN NESSA
14:ABDUL SAHID
15:SAKINA KHATUN
16:SAMALA KHATUN
17:MUSTT. KHUDAZA KHATUN NO. 16 IS THE WIFE NO. 17 IS THE SON AND NO. 18 19 and 20 ARE THE DAUGHTERS OF LATE SAYED ALI SARKAR ALL ARE RESIDENT OF GARAIMARI MOUZA PUBTHORIA P.S. ULUANI DIST. NAGAON
Page No.# 3/4
ASSAM.
18:MUSTT. AMIRAN NESSA
W/O AINUDDIN MUNSI D/O ISMAIL MUNS
Advocate for the appellant(s): X X
Advocate for the respondent(s): X X
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
13.05.2024
This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 240 days in filing the accompanying appeal against the judgment and decree dated 09.02.2011 passed by the learned Civil Judge, Nagaon in Title Appeal No.24/2006.
Page No.# 4/4
JUDGE
Comparing Assistant
1 issue framed by the court
Should the delay of 240 days in filing a second appeal be condoned under Section 5 of the Limitation Act?
1 provisions across 1 enactments
Gobardhan Maheswari
Md. Usman Ali
Md. Ismail Ali
Md. Kuddus Ali
Md. Abdul Hakim
Abdul Hussain
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
