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AYESHABIBI JAWJE MAHAMMED ISAK KARBHARI v. NAVAL ARMAMENT DEPOT

Supreme Court of India | Diary 40781/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

AYESHABIBI JAWJE MAHAMMED ISAK KARBHARI

Respondent

NAVAL ARMAMENT DEPOT

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024

[@ SLP (C) No……………/2024] [@ SLP (C) Diary No. 40781/2024]

AYESHABIBI JAWJE MAHAMMED ISAK KARBHARI Petitioner

VERSUS

NAVAL ARMAMENT DEPOT & ANR. Respondents

O R D E R

1. Due to old age and lapse of time in coordinating with her counsel in Delhi,

the near nonagenarian petitioner could not challenge the order dated 20th

October, 2023 of the High Court of Bombay, Aurangabad Bench within the

period of limitation. Accordingly, she has applied for condonation of delay in

presentation of the special leave petition.

2. The petitioner is an old woman. There is no reason to disbelieve her.

Cause shown is sufficient. Delay in presentation of the special leave petition is

condoned.

3. Leave granted.

4. The High Court by the impugned order dated 20th October, 2023 has

condoned the delay of 1436 days in presentation of a first appeal by the first

respondent, under the Land Acquisition Act, 1894, upon imposition of costs of

Rs.5,000/- to be paid to a law library.

5. While law is well-settled that length of delay is not material and for

condonation of delay it is the sufficiency of the cause shown for the belated

approach that is relevant, as the first appellate court, the High Court oug...

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