Mutawalli Committee Auqaf E Aamma vs Mohammad Mehfuz
2023 Latest Caselaw 1472 MP

                                                          1
                           IN      THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 25 th OF JANUARY, 2023
                                               CIVIL REVISION No. 15 of 2016

                          BETWEEN:-
                          MUTAWALLI      COMMITTEE       AUQAF-E-AAMMA
                          THROUGH ITS EXECUTIVE OFFICER, OFFICE AT TAJ -UL
                          MASJID CAMPUS TAJ COMPLEX, BHOPAL (MADHYA
                          PRADESH)

                                                                                      .....PETITIONER
                          (SHRI AMIT KUMAR SONI-PROXY COUNSEL ON BEHALF OF SHRI
                          TABREZ SHEIKH-ADVOCATE)

                          AND
                          1.    MOHAMMAD MEHFUZ S/O LATE MOHAMMAD
                                SULEMAN, AGED ABOUT 55 YEARS, R/O SAXENA
                                BUILDING    SILAWATPURA    KUMHARPURA
                                SHAHJANABAD, BHOPAL (MADHYA PRADESH)

                          2.    MOHD. IRSHAD S/O LATE MOHD. SULEMAN H.
                                NO. 10, NEAR PANCHAYATI MASJID ISLAMPURA
                                BHOPAL (MADHYA PRADESH)

                          3.    COLLECTOR THE STATE OF MADHYA PRADESH
                                DISTT. BHOPAL (MADHYA PRADESH)

                          4.    TEHSILDAR, TAHSIL HUZUR OLD SECRETARIAT
                                BHOPAL (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                          (NONE)

                                T h is revision coming on for orders this day, t h e cou rt passed the
                          following:
                                                           ORDER

Considered IA No.1813/2016, which is an application for condonation of delay of 415 days.

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/27/2023 11:09:20 AM

This civil revision has been preferred challenging the order dated 18.06.2015 whereby application under Order 6 Rule 17 CPC filed by the petitioner/defendant 4 has been dismissed.

Condonation of delay has been sought on the ground that on 13.08.2015, a letter was addressed to the counsel to draft civil revision against the order dated 18.06.2015, which was received by the counsel in the month of September 2015, thereafter the revision was prepared and was filed.

From bare perusal of the application it is clear that no reasonable and proper explanation of delay has been offered in the application to condone the long delay of 415 days.

The Supreme Court in the case of Pundlik Jalam Patil vs. Executive Engineer, Jalgaon Medium Project and another (2008) 17 SCC 448 has observed that the Court cannot enquire into belated and stale claims on the ground of equity. Delay defeats equity. The Courts help those who are vigilant and "do not slumber over their rights". The aforesaid judgment has further been followed recently in the case of Majji Sannemma @ Sanyasirao vs. Reddy Sridevi and Others AIR 2022 SC 332.

As such I.A.No.1813/2016 deserves to be and is hereby dismissed. Resultantly, the civil revision is also dismissed.

However, the petitioner shall be at liberty to raise the grounds in the appeal/revision, if occasion arises.

Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/27/2023 11:09:20 AM

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/27/2023 11:09:20 AM