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2023 Supreme(J&K) 537

N. KOTISWAR SINGH, M. A. CHOWDHARY
Zaffar Iqbal – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Danish Majid Dar, Advocate with Mr Bhat Shafi, Advocate.
For the Respondent:Mr Shah Aamir, Advocate.

JUDGMENT :

Chowdhary, J.

1. This intra Court appeal, under Clause 12 of the Letters Patent, has been preferred by the Appellant against the final Order/Judgment dated 26th of April, 2023 passed by the learned Single Judge in an application filed by the Appellant, along with others, seeking condonation of delay in filing the Review Petition against the final Order/Judgment dated 29th of April, 2015 passed in SWP No. 302/2010 titled ‘Dr. Nasreena Bashir & Ors. v. UT of Jammu and Kashmir & Ors.’, whereby the said condonation of delay application stands dismissed.

2. The impugned final Order/Judgment has been assailed by the Appellant, inter alia, on the following grounds:

    “I) BECAUSE, the Ld. Single Judge erred in not appreciating that the Appellant’s explanation, although lacking specific dates initially, substantially complied with the requirement to provide reasonable and sufficient cause for the delay, particularly in view of filing of supplementary affidavit by the Appellant. The destruction of records due to flash floods and the frequent absence of the counsel from the State are genuine and valid reasons that should be considered, despite not being presented in an ideal format. Ther

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