Gauhati High Court
I.A.(Civil)/99/2025 of PURANDA BORA @ PURANDRA BORA @ PURNAKANTA BORA Vs RABI KANTA BORA AND ANR on 10 February 2026
GAHC010269892024 2026:GAU-AS:1862 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/99/2025 PURANDA BORA @ PURANDRA BORA @ PURNAKANTA BORA S/O LATE KUSHADHAJ BORA, RESIDENT OF NORTH HAIBORGAON, MOUZA HAIBORGAON, PS NAGAON SADAR DIST
GAHC010269892024
2026:GAU-AS:1862
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/99/2025
PURANDA BORA @ PURANDRA BORA @ PURNAKANTA BORA
S/O LATE KUSHADHAJ BORA, RESIDENT OF NORTH HAIBORGAON, MOUZA HAIBORGAON, PS NAGAON SADAR DIST NAGAON ASSAM
VERSUS
RABI KANTA BORA AND ANR
S/O ANANDA RAM BORA,
RESIDENT OF VILLAGE OWONNA, MOUZA KHATOWAL, DIST NAGAON, ASSAM
2:SHRI SARAT CH. SARMAH
RETIRED DEPUTY REGISTRAR AND ADVOCATE
NAGAON ADVOCATE ASSOCIATION
RESIDENT OF VILLAGE AMOLAPATTY
MOUZA NAGAON TOWN
DIST NAGAON
ASSA
Advocate for the Petitioner : MR. R ALI, MS S. MEHJABIN,MR G U AHMED
Advocate for the Respondent : MR J C BORAH (R-2), Z R MANDAL (R1),MR H A AHMED
(R1),MR M H AHMED (R1)
Linked Case :
PURANDA BORA @ PURANDRA BORA @ PURNAKANTA BORA
VERSUS
RABI KANTA BORA AND ANR
------------
Advocate for : MR. R ALI
Advocate for : appearing for RABI KANTA BORA AND ANR
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
11.02.2026
Heard Mr. R Ali, learned counsel for the applicant. Also heard Mr. H A Ahmed, learned counsel for the respondent No. 1. By way of this application under Section 5 of the Limitation Act, the applicant is seeking condonation of delay of 347 days in preferring the connected Regular Second Appeal against the judgment and decree dated 22.09.2023 passed by the learned Civil Judge (Senior Division), Nagaon in Title Appeal No. 28/2018 whereby the judgment and decree dated 17.07.2018 passed by the learned Civil Judge (Junior Division) No. 1, Nagaon in Title Suit No. 29/2010 was affirmed. The applicant who is aged about 70 years of age having suffered from various illnesses and undergoing medical treatment from October, 2022, the said delay of 347 days had occurred in filing the connected appeal. Accordingly, the present interlocutory application has been filed.
It is contended on behalf of the respondent that the delay has not been properly explained. Upon hearing the learned counsels for the parties and having perused the materials available on record, it appears that due to old age and financial hardship and also largely because of the medical treatment he was undergoing, the said delay had arisen. The explanations appears to be bonafide and sufficient. In view of the above, the delay of 347 in preferring the connected appeal is condoned. Registry shall register and list the connected appeal accordingly. The instant interlocutory application, stands allowed and disposed of.
JUDGE Comparing Assistant