1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4171 OF 2009 IN CIVIL REVN.APPLICATION ST NO. 7501 OF 2009 Khurshid Begum w/o Abdul Hamid ...Applicant VERSUS Maharashtra State Board of Wakfs through its Chief Executive Officer & ors. ...Respondents ..... Shri M.K.Deshpande, advocate for the applicant (original - petitioner/defendant no.3) Shri M.B.W.Khan, advocate for respondent no.1 Shri A.N.Nagargoje, advocate for respondent nos. 2 and 3 ..... CORAM : S.P. DAVARE, J. DATED : 9th June, 2009. ORAL ORDER : 1. Perused. Heard the learned counsel for the respective parties. 2. The applicant has preferred the present application for 2 condonation of delay of 235 days in filing the accompanying Civil Revision Application. The applicant contends that she has filed accompanying Civil Revision Application challenging the order dated 8.5.2008 passed by the Presiding Officer, Maharashtra Wakf Tribunal, Aurangabad in Suit No. 180 of 2006 below Exh. 41. The applicant also contends that by the said impugned order dated 8.5.2008 the application Exh.41 was rejected and thereby the learned Tribunal declined to set aside no costs order passed against the applicant herein. 3. The applicant submits that since she is an old lady and being maintained by her son who is her attorney, she could not be in a position to challenge the impugned order immediately within the stipulated period of 90 days. Moreover, since the applicant is old, her son is looking after court proceedings by looking after his business. Hence time was consumed in filing the accompanying Civil Revision Application causing 235 days delay. The applicant further submits that opportunity is required to be given to her and the matter is required to be heard on merits and, therefore, the delay causing in filing Civil Revision Application is required to be condoned in the interest of justice. 3 4. Learned counsel appearing for respondent nos. 1 to 3 opposed the present application vehemently and submitted that the present application bears no substance and the same is devoid of any merits and same be rejected. 5. Learned counsel for the applicant also submitted that earlier the applicant/petitioner had filed Writ Petition No. 690 of 2009 challenging the impugned order dated 8.5.2008, it was revealed that the said Writ Petition was not maintainable and, therefore, same came to be withdrawn with liberty to file the accompanying Civil Revision Application and it is submitted that time was consumed in the said Writ Petition. Therefore also the applicant/petitioner prayed that delay caused in filing accompanying Civil Revision Application be condoned. 6. Considering the rival submissions and also considering the position that the applicant/petitioner contested Writ Petition No. 690 of 2009 bona fide, which later on came to be withdrawn with liberty to file accompanying Civil Revision Application and accordingly accompanying Civil Revision Application came to be filed thereafter and since the applicant is 4 an old lady who is dependent upon her son and since it is contended that time was consumed in filing the accompanying Civil Revision Application challenging the impugned order due to old age and dependency of the applicant upon her son, the delay of 235 days caused in filing the accompanying Civil Revision Application is required to be condoned in the interest of justice by allowing the present application by awarding costs of Rs.500/- to be paid to respondent no.1. 7. In the circumstances, the Civil Application is allowed subject to payment of costs of Rs. 500/- to be paid to respondent no.1 and the delay of 235 days caused in filing the accompanying Civil Revision Application stands condoned. The amount of costs be deposited in this court. The present Civil Application is disposed of accordingly. The accompanying Civil Revision Application be fixed for admission in regular course within three weeks. (S.P. DAVARE, J.) dbm/ca4171.09 5