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Sayyed Chand Basha

High Court Of Kerala|28 May, 2014
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JUDGMENT / ORDER

Thottathil B.Radhakrishnan, J. 1. We have heard the learned counsel for the revision petitioners and the learned counsel for the private respondents as also the learned standing counsel for the Kerala State Wakf Board.
2. This revision is against an order by which the Wakf Tribunal has refused an application seeking condonation of delay of 12 years and 105 days in filing an appeal against a decision of the Wakf Board framing a scheme for the Wakf concerned. In paragraph Nos.9 & 10 of the impugned order, the Tribunal has assimilated the material evidence, both oral and documentary; and in paragraph No.11, the learned Tribunal has discussed the entire facts relevant for adjudication and has come to the conclusion that the attempt is only to rake up factional issues and the petition seeking condonation of delay is only off-shoot of faction fight, which has emerged subsequent to the settlement of the CRP226/11 -2-
scheme. The Tribunal found that even after the scheme was settled by the Wakf Board, the petitioner had effectively participated in its proceedings and could not turn around after more than 12 years with a plea that he was ignorant of the earlier orders. The Tribunal's conclusion that the applicant had not demonstrated sufficient cause for not preferring appeal within the time prescribed cannot be faulted on any count of law or on grounds of facts. Under such circumstances, we do not find any way to interfere with the decision of the Tribunal in exercise of revisional jurisdiction under the Wakf Act. This matter, therefore, fails.
In the result, this revision is dismissed. No costs.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (P.B.SURESH KUMAR, JUDGE) jg
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Title

Sayyed Chand Basha

Court

High Court Of Kerala

JudgmentDate
28 May, 2014
Judges
  • Thottathil B Radhakrishnan
  • P B Suresh Kumar