BHAGWAN SINGH Vs. MODERN SCHOOL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution seeks assailing the order dated 27.07.2012 of learned Addl. District Judge, Wakf Tribunal, New Delhi, whereby the application filed by the respondents seeking condonation of delay of two years in filing the appeal, was allowed against cost of Rs.5000/-.

(2.) The respondents herein had filed an appeal against the judgment and decree of the Civil Judge dated 21.07.2007. There being delay of over two years in filing the appeal before the learned ADJ, an application was also filed for condonation of delay, which was allowed by the learned ADJ vide impugned order. The same is under challenge in the instant petition.

(3.) The grounds on which the condonation of delay in filing the appeal was sought were that due to the retirement of the administrative staff of the respondents, the progress of the case could not be known, and further that their counsel Sh. Rajnish Vats failed to appear before the court, and also did not inform the respondents. It was averred that they came to know about the passing of the impugned judgment and decree only from NDMC, and thus, it was because of these reasons that the filing of appeal got delayed.