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2014 Supreme(SC) 1077
SUPREME COURT OF INDIA
R.M. Lodha, CJI., Kurian Joseph, Rohinton Fali Nariman, JJ.
Pankajakshi (Dead) Through L.Rs. and others - Appellants
Versus
Chandrika and others - Respondents
Civil Appeal No. 201 of 2005 with S.L.P. (Civil) No. 34457 of 2010 and SLP(C) No. 17700 of 2008
Decided On : 27-8-2014
For the Appellants :Mr. V. Giri, Sr. Advocate, Mr. T. G. Narayanan Nair and Mr. K.N. Madhusoodhanan, Advocates.
For the Respondents:Mr. M. T. George, Advocate, Mr. Gopal Jain, Sr. Advocate, Ms. Malini Poduval, Advocate, Ms. Babita Sant, Advocate, Mr. Gaurav Wadera, Advocate, Mr. R. Basant, Sr. Advocate, Mr. Vijay K. Mehta, Advocate, Mr. E.M.S. Anam, Advocate, Mr. Jogy Scaria, Advocate, Mr. Mathai Paikadey, Sr. Advocate, Mr. B.V. Deepak, Advocate for M/s. T. T. K. Deepak and Co., Advocate.
Headnote:Administration of justice – Condonation of delay – Delay of 944 days in filing SLP – Ground of illness – Petitioner suffering from psoriasis for the last 30 years and diabetes for last 12 years – Ground of illness for condoning delay of 944 days not tenable – SLP dismissed. (Para 5, 6)
ORDER :
Civil Appeal No. 201 of 2005
In terms of the signed order, the matter is referred to a Bench of 5 Judges.
2. The matter may be placed before Hon'ble the Chief Justice for appropriate administrative order in this regard.
S.L.P.(Civil) No. 34457 of 2010
3. Leave granted.
4. In terms of the signed order, the matter is referred to a Bench of 5 Judges to be heard along with Civil Appeal No. 201 of 2005. The matter may be placed before Hon'ble the Chief Justice for appropriate administrative order in this regard.
S.L.P.(Civil) No. 17700 of 2008
5. Special leave petition suffers from delay of 944 days. In the application for condonation of delay made by the original petitioner, the ground of illness has been put forth. It is stated that he (the original petitioner in the special leave petition) was suffering from psoriasis for the last 30 years and was diabetic for the last 12 years.
6. In our view, the ailments from which the original petitioner was suffering for so many years do not make out illness as a justification for condonation of long delay of 944 days in filing the special leave petition. Long delay remains unexplained.
7. Special leave petition is dismissed on the ground of delay.
