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Smt. Lalvuani v. State of Mizoram represented by the Secretary to the Govt. of Mizoram and 5 Ors.

Court: Gauhati High Court

Bench: HONOURABLE MRS. JUSTICE MALASRI NANDI

Judgment date:

Case summary

Gauhati High Court judgment dated 2024-06-26. Smt. Lalvuani v. State of Mizoram represented by the Secretary to the Govt. of Mizoram and 5 Ors. Read the...

Judgment text

Page No. # 1/3 GAHC030005262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Civil)/121/2023 Smt. Lalvuani W/o Barna Sanga, R/o Bawngkawn, Aizawl, Mizoram VERSUS State of Mizoram represented by the Secretary to the Govt. of Mizoram and 5 Ors. Land Revenue and Settlement Department 2:The District Magistrate Aizawl District Aizawl Mizoram 3:The Director Land Revenue and Settlement Department Aizawl 4:Sh. Laldingliana S/o R. Lalbana R/o ITI Veng Aizawl Mizoram 5:Sh. R. C. Liandawla S/o R. Lalbana R/o Bawngkawn Aizawl Mizoram 6:Smt. Rualkhumi W/o Hrangbana (L) R/o Chanmari Aizawl Page No. # 2/3 S/b her son Sh. Zohmingthang Advocate for the Petitioner : Mr Zoramchhana Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-R3 ORDER BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI 27. 06. 2024 Heard Mr. Zoramchhana, learned counsel for the applicant. Also heard Mr. A. R. Malhotra, learned counsel for the respondent No.

6 as well as Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General for the respondent Nos. 1 to 3. None appears for the respondent Nos. 4 & 5 despite notice. This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 100 days in filing the connected RFA No. 36/2020 whereby, the appellant has challenged the legality and validity of the impugned Judgment & Order dated 27. 03. 2023 passed by the Court of Senior Civil Judge - II, Aizawl in Civil Suit No. 79 of 2021. It is submitted by the learned counsel for the applicant that the grounds for the delay amongst others in filing the connected appeal has been reflected at paragraph No. 3 (a) & (b) of the application. Learned counsels for the respondent Nos. 1, 2, 3 & 6 submit that they have Page No. # 3/3 no objection if the delay is condoned.

On perusal of the grounds taken by the applicant and in view of the submission made by the learned counsels for the respondents, this Court is of the view that sufficient cause has been made out to condone the delay. Accordingly, the delay of 100 days in filing the connected RFA No. 36/2023 is hereby condoned. I. A stands disposed of. As the main appeal has already been registered, Registry to list the same after one (1) week. JUDGE Comparing Assistant

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.