DARGAH CHAR QUTUB HANSI Vs. UNION OF INDIA

JUDGEMENT

(1.) CM -5127 -CWP -2014 has been moved under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of about 3446 days in filing application i.e. CM -5128 -CWP -2014 for restoration of CWP -2427 -1985.

(2.) BRIEF facts of the case are to the effect that applicant no. 1 - Dargah Char Qutub, Hansi is stated to be managed by Shah Kutubul Alam Sahib Jamali, Sajjada Nashin and its Manager has been impleaded as applicant no. 2. The property is alleged to have been declared evacuee property. Originally, writ petition was filed through Viqar -Ur -Rehman Jamali son of Shah Kutub Alam Sahib being general power of attorney. Shah Kutub Alam Sahib Jamali expired during the pendency of writ petition on 15.12.1999 and thereafter his legal heirs were brought on record.

(3.) IT is mentioned in the application for restoration of writ petition that the writ petition was admitted on 25.11.1985 and after admission, it was the impression of the applicants that case would not be heard for many years. It needs to be noticed that vide order dated 24.03.2003, legal heirs of petitioner no. 2 had been impleaded. Thereafter, the matter was listed on many occasions, but no one turned up and ultimately writ petition was dismissed for non -prosecution on 21.08.2004.