Madras High CourtCMP(MD)/3067/2022dismissed

M. Thangaraj v. Ameerjan

2022-04-21Honourable Mr Justice S.S. Sundar2 pages

C.M.P. (MD) No.3067 of 2022 in Rev.Aplc.Sr.(MD) No.10653 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE S.S.SUNDAR C.M.P. (MD) No.3067 of 2022 in Rev. Aplc. Sr. (MD) No.10653 of 2022 C.M.P. (MD) No.3067 of 2022 in Rev. Aplc. Sr. (MD) No.10653 of 2022 M.Thangaraj .. Petitioner/Petitioner Vs.

1. Ameerjan

2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafer Sirang Street, George Town, Chennai - 1.

.. Respondents/Respondents Civil Miscellaneous Petition is filed under Section 5 of Limitation Act, to condone the delay of 240 days in filing the Review Application Sr. No.10653 of 2022.

For Petitioner :

Mr. T.Selvan Rev. Aplc. Sr. (MD) No.10653 of 2022 M.Thangaraj .. Petitioner Vs.

1. Ameerjan

2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafer Sirang Street, George Town, Chennai - 1.

.. Respondents Review Application is sought to be filed under Order 47 Rule 1 r/w. 114 C.P.C., against the order dated 19.06.2019 passed in C.R.P. (MD) No.247 of 2011 on the file of this Court. Prayer in C.R.P. (MD) No.247 of 2011:

Civil Revision Petition filed under section 83 of the Wakf Act,1995, to set aside the Judgement and decree,passed in O.S.No.31 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P. (MD) No.3067 of 2022 in Rev.Aplc.Sr.(MD) No.10653 of 2022 of 2007 on the file of the Wakf Tribunal(Principal Sub Judge), Tirunelveli dated 14.06.2010 and allow the C.R.P and thus render justice.

For Petitioner :

Mr. T.Selvan C O M M O N O R D E R This petition is filed to condone the delay of 240 days in filing the Review Application Sr. No.10653 of 2022.

2. In the affidavit filed in support of the petition, it is stated that the petitioner, during June 2019, fell down and sustained injuries. It was therefore stated that the petitioner was unable to contact his counsel immediately after the copy was obtained from this Court.

3. It is seen from the papers that the review application was filed on 31.03.2022. It is only after excluding the time during which there was extension of time for limitation by orders of Court, the delay is calculated at 240 days. It is seen that the reason for the delay after the disposal of Civil Revision Petition by this Court, is not acceptable and the delay is not properly explained. Since there is no explanation for the delay and the details given in the affidavit filed in support of the petition are not supported by any documents, this Court is not inclined to entertain this petition.

4. Hence, the Civil Miscellaneous Petition is dismissed. Consequently, connected Review Application is rejected at Sr. stage itself.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) bkn To 1.The Principal Sub Judge,Wakf Tribunal,Tirunelveli. 2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jafer Sirang Street, George Town,Chennai - 1.

C.M.P. (MD) No.3067 of 2022 in Rev. Aplc. Sr. (MD) No.10653 of 2022 21.04.2022 MGJ(06.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2