IN THE SUPREME COURT OF INDIA

[S.C.R., ORDER XXI RULE (3) (1) (a)]

CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. OF 2023
(WITH PRAYER FOR INTERIM RELIEF)
{Against the Final Judgment and Order dated 12.01.2023 passed by the
High Court of Gujarat in Civil Revision Application No. 345 of 2018 of
2018}
IN THE MATTER OF:

SADIK MAHMED SIDIK …PETITIONER

VERSUS

JAMAN SHAMJI FADADU & ORS. …RESPONDENTS

APPLICATION FOR CONDONATION OF DELAY IN RE-FILING

TO,
THE HON’BLE THE CHIEF JUSTICE
OF INDIA AND HIS COMPANION JUSTICES
OF THE HON’BLE SUPREME COURT
The humble Application of the Petitioner

MOST RESPECTFULLY SHOWETH AS UNDER:

1. The present Special Leave Petition is being preferred against the

final judgment and order dated 12.01.2013 (herein after referred to

 as “Impugned Order”), passed by the Hon’ble Gujarat High Court

(herein after referred to as “Hon’ble High Court”) in Civil

Revision Application No. 345 of 2018 whereby the Hon’ble High

Court has allowed the application filed Order 7 Rule 11 by the

Respondent No. 1 (Org. defendant no. 4) in the original suit and

quashed the judgment and order dated 25.04.2018 passed by the Ld.

Trial Court dismissing the application under O 7 R 11 of the

defendant no. 4.

2. That the Petitioner has read and understood the contents of the

Petition which has been drafted under his instructions and the

contents of the same are not produced here in for the sake of brevity

and to avoid repetition. The Petitioner craves leave of this Hon’ble

Court to refer to and rely upon the contents of the petition for the

purpose of the instant Application for Condonation of delay.

3. That the delay in re-filing the present petition is not intentional but

has been actuated by circumstances beyond the control of the

Petitioner. That there is a sufficient cause for not filing the Petition
 in time and hence, the delay needs to be condoned in the interest of

justice.

4. The Petitioner has a good prima facie case on merits and there are

all possibilities of his success in this present petition. Therefore, it

would be just and expedient that the delay in re-filing the Petition

may kindly be condoned in the interest of justice.

5. This application has been made bona fide and in the interest of

justice.

PRAYER
In the circumstances, it is, therefore, most respectfully prayed that

this Hon'ble Court may graciously be pleased to:-

a) Condone the delay of ______ days in re-filing the Special Leave

Petition and;

b) Pass such other and further orders as this Hon'ble Court may

deem fit and proper in the facts and circumstances of the case.
 AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN

DUTY BOUND SHALL EVER PRAY.

FILED BY:-

ADVOCATE FOR THE PETITIONER

NEW DELHI
FILED ON __________
 IN THE SUPREME COURT OF INDIA
[S.C.R., ORDER XXI RULE (3) (1) (a)]
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. OF 2023
(WITH PRAYER FOR INTERIM RELIEF)
{Against the Final Judgment and Order dated 12.01.2023 passed by the
High Court of Gujarat in Civil Revision Application No. 345 of 2018 of
2018}
IN THE MATTER OF:

SADIK MAHMED SIDIK …PETITIONER

VERSUS

JAMAN SHAMJI FADADU & ORS. …RESPONDENTS

AFFIDAVIT

I, Gaurav Singh, Advocate, aged about 31 years, Chamber No. 140, S

Block, Delhi High Court, New Delhi -110003, do hereby solemnly affirm

on oath as under:

1. That I am the Petitioner's Advocate and as such competent to affirm

the present affidavit.

2. That I have read and understood the contents of the accompanying

application for Condonation of delay in re-filing the petition and

state that the facts stated therein are true to my personal knowledge

and the submissions made therein are believed to be correct.

DEPONENT

VERIFICATION:-

Verified by me at New Delhi on this the day of 2 nd September 2023 that

the contents of my above affidavit are true to the best of my knowledge,

no part of it is false and nothing material has been concealed therefrom.

DEPONENT