SAYED IMDADUL ISLAM AND 3 OTHERS vs SAYED AKHIRUL ISLAM AND ANR. Advocate - MS. R CHOUDHURY, ,MD. MEMON AHMED — I.A.(Civil)/1400/2025

Case under Limitation Act, 1963 Section 5. Disposed: Contested--Disposed Of on 26th March 2026.

Case disposed

CNR: GAHC010075052025

e-Filing Number

05-04-2025

Filing Number

I.A.(Civil)/4351/2025

Filing Date

05-Apr-2025

Registration No

I.A.(Civil)/1400/2025

Registration Date

01-May-2025

Judge

Honourable Mr. Justice Kaushik Goswami

Coram

Honourable Mr. Justice Kaushik Goswami

Bench Type

Single Bench

Category

10301 - Interlocutory Application (Civil) ( 382 )

Judicial Branch

Civil Section

Decision Date

26-Mar-2026

Nature of Disposal

Contested--Disposed Of

Last updated 19-Apr-2026

Acts & Sections

Limitation Act, 1963 Section 5

Petitioner(s)

  1. 1.SAYED IMDADUL ISLAM AND 3 OTHERS

    Adv. MR. RASHIDUL ISLAM, ,MR. I ALAM,MR. T SK

  2. 2.SAYED AZIZUL ISLAM

  3. 3.MAHFUZA BEGUM

  4. 4.SAYED MOHSHINA BEGUM

Respondent(s)

  1. 1.SAYED AKHIRUL ISLAM AND ANR. Advocate - MS. R CHOUDHURY, ,MD. MEMON AHMED

  2. 2.MOMOTAZ BEGUM

Case History

  1. Case disposedDisposed

  2. 26-Mar-2026

    Honourable Mr. Justice Kaushik GoswamiView PDF

    Summary The Gauhati High Court dismissed the applicants' plea to condone a delay of 1,760 days in filing a second appeal against a November 2017 judgment that had set aside their favorable partition decree. Justice Kaushik Goswami held that the applicants' explanation—that they approached the wrong administrative forum and only later received direction to file in court—lacked bona fides and did not constitute "sufficient cause" under law. The court found the applicants were fully aware since 2017 that their decree had been set aside yet remained inactive, and noted they never initiated execution proceedings, thereby dismissing the condonation application. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 26-Mar-2026

    Orders

    Honourable Mrs. Justice Mitali Thakuria

  4. 06-Feb-2026

    Honourable Mrs. Justice Mitali ThakuriaView PDF

  5. 06-Feb-2026

    Orders

    Honourable Mr. Justice Mridul Kumar Kalita

  6. 29-Jan-2026

    Honourable Mr. Justice Mridul Kumar KalitaView PDF

  7. 29-Aug-2025

    Honourable Mrs. Justice Susmita Phukan KhaundView PDF

  8. 23-May-2025

    Honourable Mr. Justice Devashis BaruahView PDF

  9. 23-May-2025

    First hearing

    Initial hearing scheduled

  10. 05-May-2025

    Honourable Mr. Justice Devashis BaruahView PDF

  11. 05-Apr-2025

    Case filed

    Registration No. I.A.(Civil)/1400/2025

casestatus.in Summary

Summary The Gauhati High Court dismissed the applicants' plea to condone a delay of 1,760 days in filing a second appeal against a November 2017 judgment that had set aside their favorable partition decree. Justice Kaushik Goswami held that the applicants' explanation—that they approached the wrong administrative forum and only later received direction to file in court—lacked bona fides and did not constitute "sufficient cause" under law. The court found the applicants were fully aware since 2017 that their decree had been set aside yet remained inactive, and noted they never initiated execution proceedings, thereby dismissing the condonation application. This case analysis is maintained by casestatus.in based on publicly available court records.

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