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G. BASAVARAJA
Syed Mohammed Husaain S/o Late S. Chanda Hussaini – Appellant
Versus
Karnataka State Board Of Waqf No. 6, Darul Auqaf, Bangalore – Respondent
ORDER :
The revision petitioner has filed application in IA.I of 2023 under Section 5 of the Limitation Act seeking to condone delay of 593 days in filing this Revision Petition in assailing the order dated 17th August, 2019 passed in Application No.20 of 2017 by the learned Presiding Officer, Karnataka Waqf Tribunal, Kalaburagi. The application is supported by the affidavit of Syed Mohammed Hussaini, in which he has stated that the Petitioner is an Octogenarian and is suffering from various ailments because of which he is not able to travel easily and frequently. Further, it is stated that there was also COVID-19 pandemic during 2020-2022 and considering his age, he was required to be more cautious and was not advised to travel. The medical records of the revision petitioner are also enclosed with the application. The Revision Petitioner has produced discharge summary issued by SevenStar Hospital and another discharge summary issued by New Era Hospital and Research Institute. Further it is stated that after the impugned judgment, he was under the impression that there is no provision for further Revision and he was not aware about the period in which the Revision Petition can be pr
The main legal point established in the judgment is the requirement to provide sufficient cause to condone delay in filing a Revision Petition, as per the provisions of the Limitation Act and relevan....
Limitation – Delay of 593 days in filing of revision petition cannot be condoned.
The Court can only condone a delay if there is a "sufficient cause" behind such delay, and the reasons provided for the delay must not be non-serious or lacking in diligence.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The court reaffirmed that a sufficient cause must be established for condoning delays under the Limitation Act, and that the discretion to condone such delays is not to be exercised lightly.
Diligence and urgency are crucial in pursuing legal remedies, and the absence of satisfactory explanation and good faith may lead to the dismissal of an application for condonation of delay.
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