Disposed¶34

Fatema Bibi v. Akhtar Ali and Ors.

Gauhati HC2 Sept 2025I.A.(Civil)/1467/2024

Case brief

AI extract

What is this about?

Condonation of delay; Section 5, Limitation Act 1963; 330 days' delay; setting aside abatement of deceased respondent no.5 Saifulla Sk; applicant Fatema Bibi; respondents Akhtar Ali and others; village Madhusoulmari, Gauripur, Dhubri, Assam; interlocutory civil application I.A.(Civil)/1467/2024; Gauhati High Court; single judge Susmita Phukan Khaund; order dated 03.09.2025; application disposed of with delay condoned, respondents 1-4 raised no objection; counsel M. Hossain (applicant), D. Kalita (respondents 1-4), M. A. Sheikh (linked case).

What did the court decide?

Condonation of delay of 330 days in filing the application for setting aside the abatement of respondent no.5 (Saifulla Sk); the application stands disposed of. ¶34

Fatema Bibi Vs Akhtar Ali and Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010144532023

2025:GAU-AS:11903

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A.(Civil)/1467/2024

¶6

FATEMA BIBI W/O KOI MAHAMUDDIN SK, D/O LT. KASEM ALI, VILL. MADHUSOULMARI, PT-II, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN783331

¶7

VERSUS

¶8

AKHTAR ALI AND ORS S/O LT. KASEM ALI, R/O VILL. MADHUSOULMARI PART-II, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-783331

¶9

2:SAHIDUL HOQUE S/O AKHTAR ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331

¶10

3:NABIJUR ALI S/O AKHTAR ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331

¶11

4:KARESH ALI SON IN LAW OF AKHTAR ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI

¶12

Page No.# 2/4

¶13

ASSAM PIN-783331 5:SAIFULLA SK S/O LT. KASEM ALI R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 6:HASINA BIBI W/O SAHIDUL HOQUE R/O VILL. MADHUSOULMARI PART-II P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331 7:THE CIRCLE OFFICER DHUBRI P.O. AND P.S. DHUBRI ASSAM PIN-783301 8:THE STATE OF ASSAM REP. BY D.C. DHUBRI P.O. AND P.S. DHUBRI ASSAM PIN-78330

¶14

Advocate for the Petitioner : MR. M HOSSAIN, MR. M HUSSAIN

¶15

Advocate for the Respondent : MR D KALITA,

¶16

Linked Case : FATEMA BIBI W/O KOI MAHAMUDDIN SK D/O LT. KASEM ALI VILL. MADHUSOULMARI PT-II

¶17

Page No.# 3/4

¶18

P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331

¶19

VERSUS

¶20

AKHTAR ALI AND 7 ORS

¶21

-----------Advocate for : MR. M A SHEIKH Advocate for : appearing for AKHTAR ALI AND 7 ORS

¶22

BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

¶23

ORDER

¶24

03.09.2025

¶25

Learned counsel Mr. M. Hossain is present for the applicant who has filed this application under section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 330 days as on 26.06.2023 in filing the connected application for setting aside the abatement of respondent no.5 namely, Saifulla SK.

¶26

Learned counsel Mr. D. Kalita is present for the respondent nos. 1, 2, 3 and 4.

¶27

It is submitted on behalf of the applicant that the engaged counsel for the applicant received information regarding death of the respondent no.5 on 20.04.2022.

¶28

The engaged counsel was unable to communicate with the applicant on 10.05.2022 for all the details relating to legal heirs of respondent no.5.

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Page No.# 4/4

¶30

It is submitted that the applicant who has been widowed is suffering from acute financial hardship and she was unable to engage any advocate and manage bus fares to travel to Guwahati.

¶31

However, finally she could manage to take the assistance of her co-villager to accompany her to Guwahati and supply the necessary information relating to the legal heirs of respondent no.5. This resulted in the delay of 330 days.

¶32

Learned counsel for the respondent nos. 1, 2, 3 and 4 has no objection, if delay is condoned.

¶33

There appears to be no malafide on the part of the applicant. Sufficient grounds have already been shown. Thereby, delay to file an application for setting aside the abatement of respondent no.5, namely, Saifulla SK is hereby condoned.

¶34

In terms of the above observation, this application stands disposed of.

¶35

JUDGE

¶36

Comparing Assistant

Fatema Bibi v. Akhtar Ali and Ors.

Case brief

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What did the court decide?

Fatema Bibi v. Akhtar Ali and Ors.

Case brief

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What the court decided

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