Smt. Gouri Mallick And ORS. v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/48/2025 IA No. CAN/1/2025 Smti. Gouri Mallick and Ors.

Vs The Lt. Governor and Ors.

Mr.KMB Jayapal ... for the petitioners Mr. Rakesh Kumar ... for the respondents November 3, 2025 [AKB] Item No.15 The instant application has been filed by the petitioner being aggrieved by order No. 4 and 5 both dated 27.06.2025 passed by the learned District Judge, Andaman and Nicobar in Title Appeal No. 13 of 2024.

The learned advocate representing the petitioner submitted that the learned Trial Court did not grant an opportunity to contest the application filed under Section 5 of the Limitation Act. The petitioner after a lapse of fifteen years got a decree with regard to a suit being Title Suit No. 118 of 2011 (previously numbered as Title suit No.58 of 2003). Moreover the execution process is pending before the executing Court.

The respondent Administration filed an appeal after a lapse of 790 days without citing plausible reasons to justify the cause for the inordinate delay substantially and sequentially. The learned District Judge as aforesaid in absence of the learned advocate representing the petitioner allowed the application filed under Section 5 of the Limitation Act

condoning the delay of 790 days as aforesaid and had further rejected the prayer filed for adjournment for the absence of the learned advocate representing the respondents before the learned District Judge.

The impugned orders dated 27.06.2025 explicitly did not mention as to the reasons that prevented the respondent authorities from filing the appeal within the statutory period and the grounds and or factors satisfying the learned District Judge to consider the prayer for condonation of delay as aforesaid. The order Nos. 4 and 5 dated 27.06.2025 passed by the learned District Judge in Title Appeal No. 13 of 2024 are set aside.

The learned advocate representing the respondent should be given an opportunity to participate in the hearing of the application filed under Section 5 of the Limitation Act and thereafter hearing both the parties the learned District Judge is to decide the same upon merits conforming to the legal principles.

CO/48/2025 and CAN/1/2025 are disposed of.

(Ananya Bandyopadhyay, J.)