Case Note & Summary
The revision petitioner, Syed Mohammed Hussaini, an 80-year-old octogenarian, filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of 593 days delay in filing a Civil Revision Petition under Section 83(9) of the Waqf Act, 1995. The petition challenged the order dated 17.08.2019 passed by the Presiding Officer, Karnataka Waqf Tribunal, Kalaburagi, in Application No.20/2017. The petitioner, who is the Muthawali and Sajjada Nasheen of Darga Hazrath Syed Shamsalam Hussaini, Raichur, stated in his affidavit that due to his advanced age and various ailments, he was unable to travel easily and frequently. Additionally, the COVID-19 pandemic during 2020-2022 required him to be more cautious, and he was not advised to travel. He enclosed medical records, including discharge summaries from SevenStar Hospital and New Era Hospital, to support his claims. The court, considering the petitioner's age, health issues, and the pandemic, found that there was sufficient cause for the delay. The court allowed the application and condoned the delay, thereby permitting the revision petition to proceed.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The revision petitioner, an octogenarian, sought condonation of 593 days delay in filing revision petition against the order of the Waqf Tribunal - The court held that the petitioner's advanced age, medical ailments, and the COVID-19 pandemic constituted sufficient cause for the delay - The application was allowed and delay was condoned (Paras 1-3).
Issue of Consideration
Whether the delay of 593 days in filing the revision petition under Section 83(9) of the Waqf Act should be condoned on the grounds of the petitioner's old age, ailments, and the COVID-19 pandemic.
Final Decision
The court allowed the application (IA.I of 2023) and condoned the delay of 593 days in filing the revision petition. The court directed that the revision petition be listed for further hearing.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach
- Section 5 of Limitation Act
- 1963
- COVID-19 pandemic
- Old age and ailments
Case Details
2024 LawText (KAR) (03) 29
Civil Revision Petition No.200099 of 2023
Deshpande G.V., Ananth S. Jahagirdar, Ganesh S. Kalaburagi (for petitioner); Liyaqat Fareed Ustad (for R1); Syed Javeeda Haq (for R3); Gopalkrishna B. Yadav (for R2)
The Karnataka State Board of Waqf, The District Waqf Officer, Syed Ahraf Raza
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Nature of Litigation
Civil revision petition under Section 83(9) of the Waqf Act, 1995, challenging the order of the Karnataka Waqf Tribunal, Kalaburagi, dated 17.08.2019 in Application No.20/2017.
Remedy Sought
The revision petitioner sought condonation of 593 days delay in filing the revision petition and setting aside the Tribunal's order.
Filing Reason
The petitioner, an octogenarian, was unable to file the revision petition within the limitation period due to his advanced age, various ailments, and the COVID-19 pandemic.
Previous Decisions
The Karnataka Waqf Tribunal, Kalaburagi, passed an order on 17.08.2019 in Application No.20/2017, which is the subject of challenge in the revision petition.
Issues
Whether the delay of 593 days in filing the revision petition should be condoned under Section 5 of the Limitation Act, 1963, on the grounds of the petitioner's old age, ailments, and the COVID-19 pandemic.
Submissions/Arguments
The petitioner argued that he is an octogenarian suffering from various ailments, making travel difficult, and that the COVID-19 pandemic further restricted his movement, constituting sufficient cause for the delay.
Ratio Decidendi
The court held that the petitioner's advanced age (80 years), medical ailments supported by discharge summaries, and the COVID-19 pandemic constituted sufficient cause for the delay of 593 days in filing the revision petition under Section 5 of the Limitation Act, 1963.
Judgment Excerpts
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.
Procedural History
The Karnataka Waqf Tribunal, Kalaburagi, passed an order on 17.08.2019 in Application No.20/2017. The revision petitioner filed Civil Revision Petition No.200099 of 2023 before the High Court of Karnataka, Kalaburagi Bench, along with an application (IA.I of 2023) under Section 5 of the Limitation Act, 1963, seeking condonation of 593 days delay. The court heard arguments on the application and reserved judgment on IA.I of 2023. On 27.03.2024, the court pronounced the order allowing the application and condoning the delay.
Acts & Sections
- Limitation Act, 1963: Section 5
- Waqf Act, 1995: Section 83(9)
