HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI C.R.P. No. 2214 OF 2010 Friday, the Eighteenth day of June, Two Thousand and Ten Between Mrs. Mohd. Rahmathunnisa Petitioner AND Managing Committee Babamiya Mosque, Nawabpet, Nellore City, Rep. By its Secretary, Mr. Shaik Abdul Sattar Respondent THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI C.R.P. NO. 2214 OF 2010 ORAL ORDER: This Civil Revision Petition under Section 115 CPC is filed by the petitioner in IA No. 273 of 2009, who is the defendant in the suit OS No. 111 of 2008 assailing the order dated 5.1.2010 passed by the learned President Officer, Andhra Pradesh Wakf Tribunal, Hyderabad, dismissing the petition filed under Sec. 5 of the Limitation Act to condone the delay of 101 days in filling the petition to set aside the exparte order dated 3.3.2009. The respondent herein filed the above suit against the petitioner seeking eviction, recovery of possession and for arrears of rent, past and future mesne profits in respect of the suit schedule property viz., house bearing New Door No.1/297 & Old Door No.1/84, Plot No.15, Masjid Street, Nawabpet, Nellore City, constructed within the open space of the Babamiya Mosque’s compound, admeasuring 10 ankanam. On 3.3.2009, the Wakf Tribunal, passed an exparte decree, as there was no representation on behalf of the petitioner herein. The petitioner herein filed IA No. 273 of 2009 seeking to condone the delay of 101 days in filing a petition to set aside the Exparte Order dated 3.3.2009, which was dismissed by the Wakf Tribunal, observing that except urging that the petitioner is suffering with thyroid and old age problems, no documentary evidence is filed muchless day-to-day delay is explained. Aggrieved thereby, the present Civil Revision Petition is filed by the defendant in the suit. As can be seen from the affidavit filed in support of the petition, no clinching reason as to how the delay of 101 long days has occurred is forthcoming. It is not the case of the petitioner that she was unable to move from the bed. No documentary evidence is produced to substantiate the submission that the old age ailments have deterred the petitioner from filing the application. In the facts and circumstances of the case, the court below has rightly dismissed the petition. Having gone through the entire material available on record, I do not see any illegality or irregularity in the order impugned. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ________________________ Justice T. Meena Kumari June 18, 2010 MAS