C/M Waqf No. 1877 Sultanpur Thru. ... vs U.P. Waqf Tribunal 3Rd Floor ...
2023 Latest Caselaw 17975 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:46987
 
Court No. - 20
 
Case :- CIVIL REVISION No. - 55 of 2023
 
Revisionist :- C/M Waqf No. 1877 Sultanpur Thru. Chairman Mohd. Asad
 
Opposite Party :- U.P. Waqf Tribunal 3rd Floor Jawahar Bhawan Lucknow And Others
 
Counsel for Revisionist :- Alok Kumar Pandey
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for revisionist and Mr. Farhan Habib, learned counsel for opposite party no.2.

In view of order being proposed to be passed, notices to opposite parties no.1, 4, and 5 stand dispensed with.

Civil revision under Section 83(9) of the Waqf Act, 1995 has been filed against judgment and order dated 10.03.2023 passed in Waqf Case No.75 of 2019.

It has been submitted that the aforesaid order has been passed on an ex parte basis whereby the aforesaid Waqf Case instituted by opposite parties no.4 and 5 has been allowed intoto although, it was incumbent upon tribunal to have afforded him reasonable opportunity of hearing to the revisionist who was respondent therein.

Learned counsel appearing on behalf of opposite parties no.2 and 3 submits that since the order impugned clearly has been passed on an ex parte basis, revisionist can very well file an application for its recall as well as application for codonation of delay, which is the inherent right of tribunal.

Considering submissions advanced by learned counsel for parties, liberty is granted to revisionist to file an appropriate application for recall of order dated 10.03.2023 passed in Waqf Case No.75 of 2019 as well as condonation of delay. In case any such applications are filed, Tribunal shall consider and decide it on merits after affording opportunity of hearing to all concerned expeditiously without granting any undue adjournments to either parties.

Benefit of this order shall be available only in case revisionist cooperates in early conclusion of the application/suit.

With the aforesaid direction, revision stands disposed of.

Order Date :- 18.7.2023

Subodh/-