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2024 Supreme(Online)(SC) 3857

ITEM NO.22 COURT NO.6 SECTION XII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 12700/2024

(Arising out of impugned final judgment and order dated 07-03-2001

in SA No. 1990/1999 passed by the High Court Of Judicature At

Madras)

BASHEER AHAMED Petitioner(s)

VERSUS

HAMEED & ORS. Respondent(s)

( IA No.88577/2024-CONDONATION OF DELAY IN FILING

IA No.88200/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGEMENT

IA No.88192/2024-APPLICATION FOR SUBSTITUTION IA No.88194/2024-SETTING ASIDE AN ABATEMENT IA No.88203/2024-EXEMPTION FROM FILING O.T. IA No.88191/2024-PERMISSION TO FILE PETITION (SLP/TP/WP/..) IA No.88197/2024-APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT ) Date : 19-04-2024 This petition was called on for hearing today.

CORAM :

    HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. M. Sanjay Nuli, Sr. Adv. Mr. R. Sharath, AOR Mr. Rajesh Kumar, Adv. Mr. Mohit Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R

1. Permission to file special leave petition is granted.

2. This special leave petition is filed with inordinate delay of 8321 days to challenge the judgment passed by the High Court of Madras in the S.A. No.1990/1999 dated 07.3.2001. Digitally signed by rashmi dhyani pant Date: 2024.04.20 13:31:20 IST Reason:

    Signature Not Verified

3. submits that petitioner’s father who was the plaintiff had passed away on 08.5.2019 and this is the reason for the delayed filing.

4. As can be noticed, the said plaintiff passed away even while the proceeding was pending in the High Court.

5. In the circumstances, the grounds cited by the counsel for the delay in filing the special leave petition, is unacceptable.

Accordingly, the application for condonation of delay is dismissed.

In consequence, the special leave petition is also dismissed.

6. Pending applications, along with, application for condonation of delay in filing for setting aside the abatement also are disposed of.

(RASHMI DHYANI PANT) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR

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