IN THE SUPREME COURT OF INDIA AT NEW DELHI

(CRIMINAL APPELATE JURISDICTION)

SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022

IN THE MATTER OF:

Sautha Petitioner……

Versus

The Tamil Nadu Waqf Board Respondent…..

[APPLICATION UNDER ORDER 9, RULE 9, C.P.C,1908, ON BEHALF OF

PLAINTIFF FOR RESTORATION OF SUIT]
TO
The Hon’ble chief justice of India and
His companion justices of
The supreme court of India.

The humble petition of the above-named petitioner most respectfully

SHOWETH:

1. That the above noted case was fixed for hearing and in default become
a defective matter
2. That it is submitted that the petitioner filed the above Special Leave
Petition (civil) against the order dated 06.09.2017 made in review
Application No. 135 of 2009 in C.R.P (NPD) NO. of 2018 by the High
Court of Judicature at Madras.
3. That it is submitted that the above Special Leave Petition has been
filed before this hon’ble court only on 25.08.202 with delay of 1657
 days, which is neither willful nor wonton but due multiple
unavoidable reasons beyond the control of this petitioner.
4. The petitioner respectfully submits that she is a widow aged about 65
Years suffering from various kinds of ailment associated with her old
age. The above case was conducted before the courts below after the
death of her husband late A. Mohideen by the respondent 7 & 8 who
are the sons of the said deceased A.Mohideen and the step sons of
this petitioner.
5. The petitioner however in great difficulty collected the case papers
from the respondents 3 to 8 and she has taken steps individually to
the above S.L.P against the said impugned order. However the local
advocate to whom she entrusted the matter, to make necessary
arrangements to file the above S.L.P had died in may 2021 due to
covid 19 pandemic illness. It is because of which, the petitioner could
not contact the said advocate for about 6 months. Subsequently
thereafter when the petitioner contacted one of her close relatives of
the said deceased advocate, they could not trace out the case bundle
despite repeated reminder and request made by this petitioner in this
regard.
6. The petitioner however was able to collect only few papers relating to
the above case and she has to take extra-ordinary efforts to
reconstruct the entire case bundle for the purpose of filing the above
S.L.P in a full and a comprehensive manner before this hon’ble court.
Hence there is a considerable delay in re filling the above S.L.P it is
neither willful nor wonton.

PRAYER
In these circumstances the petitioner herein prays that this hon’ble
court may graciously be pleased to:
1) Pass an order condone to delay in re filing of the above S.L.P (civil) in
review application No. 135 of 2009 in C.R.P.(NPD) NO: 3253 of 2018
before this hon’ble court: or
2) Pass any other order which this Hon’ble court may deem fit and
proper in the facts and circumstances of the case in favour of the
petitioner.

AND FOR THS ACT OF KINDNESS, THE APPLICANTS AS IN DUTY, BOUND SHALL EVERY
PRAY.

FILLED BY
 AD ADEEL AHMED
ADVOCATE ON RECORD
NEW DELHI
DATE: 25/09/2023