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                                               (NON-REPORTABLE)

   IN THE SUPREME COURT OF INDIA      CIVIL APPELLATE JURISDICTION

     CIVIL APPEAL NO. 5149  OF 2009       (Arising out of SLP©No.11105 of 2008)

State of J & K & Ors.            ----Appellants Versus

Mohmad Maqbool Sofi & Ors.        ----Respondents

J U D G M E N T

TARUN CHATTERJEE,J.

1. Leave granted.

2. This appeal is directed against an order dated 24th  

of July, 2007 passed by the High Court of Jammu &  

Kashmir at Srinagar in LPA No.254/2006, by which  

the  High  Court  had  rejected  the  application  for  

condonation  of  delay  in  filing  the  Letters  Patent  

Appeal and consequent thereupon, the appeal was  

dismissed on the ground of delay.

3. We have carefully examined the application filed by  

the  State  of  Jammu  &  Kashmir,  the  appellant

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herein,  and the  statements  made  thereunder  and  

also  the  impugned  order.  After  thorough  

examination  of  the  application  for  condonation  of  

delay and the impugned order, we are of the view  

that  the State  of  Jammu and Kashmir  had made  

out sufficient cause for not filing the Letters Patent  

Appeal within the period of limitation.  It is not in  

dispute that there has been a delay of 97 days in  

filing  the  appeal  at  the  instance  of  the  State  of  

Jammu and Kashmir.  It is well settled that for the  

purpose of filing an appeal, the file has to be rooted  

through  different  departments  of  the  State  which  

require some time to take a final decision whether  

the Letters Patent Appeal shall be filed against the  

order of the learned Single Judge.  

4. That being the position, we set aside the impugned  

order and restore the Letters Patent Appeal  to its  

original number. The High Court is now requested  

to dispose of the Letters Patent Appeal within three  

months from the date of  supply of  a copy of this

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order to it  after  giving hearing to the parties and  

after passing a reasoned order in accordance with  

law.

5. When the LPA will be restored, it will be open to the  

parties to apply for appropriate interim order before the  

High  Court  and  if  such  application  is  filed,  the  High  

Court is requested to decide the same as expeditiously as  

possible.  

6.   The impugned order is thus set aside. The appeal is  

allowed to the extent indicated above. There will  be no  

order as to costs.  

………………………J. [Tarun Chatterjee]

New Delhi;           ………………… ……J.

July 31, 2009. [R.M.Lodha]