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2010 Supreme(J&K) 348

Aftab H.Saikia, Hasnain Massodi
State Of J&K – Appellant
Versus
Showkat Ali Mufti – Respondent


Advocates Appeared:
A.M. Magray, H.I. Hussain, M. Yousuf.

Dr. Saikia, CJ.

1. Heard Mr. A.M. Magrey, Senior Additional Advocate General, appearing on behalf of the applicants as well as Mr. H.I. Hussain, learned senior counsel appearing for the respondents.

2. This is an application for condonation of delay of 65 days in preferring the related letters patent appeal.

3. In order to explain the above mentioned delay, the following explanations have been put forward in this condonation petition:

"1/ That the above titled LPA is being instituted before this Hon’ble court against judgment and order dated 27.08.2009. The matter involves important questions, which requires adjudication before this Hon’ble Court. The writ petitioner has been ordered to be promoted to the post of Associate Professor against which he was not eligible at the relevant point of time. The appellants have a strong case on merits in the LP And are sure to succeed in it.

2/ That there is some delay in filing of LPA against above mentioned judgment after deducting sixty days limitation period and the period taken by the registry in issuance of the judgment, but the delay is neither intentional nor deliberate, but has occasioned due to the reason beyond control. As soon as the ju



















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