Orissa High Court
Satyanarayan Rout And Others vs Bhawanipatna Mosque And Another .... ... on 14 July, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.630 of 2022
Satyanarayan Rout and Others .... Petitioners
Mr. Manas Kumar Chand, Advocate
-versus-
Bhawanipatna Mosque and Another .... Opp. Parties
Mr. Md. Fayaz, Advocate for O.P. No.2
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 14.07.2025
I.A. No.178 of 2025
04. 1. This matter is taken up through hybrid mode.
2. This is an application under section 5 of the Limitation Act for
condonation of delay of 95 days in filing this CMAPL.
3. Mr.Arun Kumar Mishra-2 and his associates entered
appearance on behalf of Opposite Party No.1 by filing Vakalatnama
in Court today, which is taken on record. Name of Mr.Mishra,
learned counsel appearing for the Petitioner No.1 be reflected in
the cause list so also on the brief.
4. Mr.Fayaz, learned counsel for the Opposite Party No.2-Orissa
Board of Wakf is present.
5. Mr. Chand, learned counsel for the Petitioners submits that the
writ petition was listed on 13.07.2022. But due to non-appearance of
learned counsel for the Petitioners, it was dismissed for non-
prosecution. None appearance of the learned counsel for the
Petitioners was neither deliberate nor intentional. As learned counsel
for the Petitioners could not keep track of the matter, there was delay
in filing the CMAPL. It is his submission that the Petitioners have a
fair chance of success in the writ petition. Hence, he prays for
condoning the delay and to take up CMAPL on merit.
6. Mr. Mishra, learned counsel for the Opposite Party No.1
submits that the delay of 95 days has not been properly explained in
the petition for condonation of delay. No reason has been assigned as
to why the learned counsel for the Petitioners could not appear on the
date to which the writ petition was posted, i.e., on 13.07.2022.
Hence, the petition for condonation of delay should not be allowed.
7. Mr.Fayaz, learned counsel for the Board of Wakf submits that
the Petitioners had filed the writ petition assailing the judgment dated
31.12.2011 passed by the Wakf Tribunal in W.T.(O)/O.A.3 of 2010.
Since the Petitioners were not diligent in pursuing the writ petition,
the same was dismissed for non-prosecution. He, however, submits
that the Court may consider the application and pass necessary
orders.
8. Taking note of submission of the learned counsel for the
parties, this Court finds that there is delay of 95 days in filing the
CMAPL. As it appears that delay in fling the CMAPL was bona fide,
hence the delay in filing the CMAPL is condoned.
9. The I.A. is accordingly disposed of.
05. 1. Copy of the CMAPL shall be served on Mr.Mishra, learned
counsel for the Opposite Party No.1, in course of the day, as
undertaken by Mr.Chand, learned counsel for the Petitioners.
2. Put up this matter on 4th August, 2025 under the heading
"Fresh Admission" along with the disposal case record of W.P.(C)
No.608 of 2012.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Himansu
Signed by: HIMANSU SEKHAR DASH
