K.S.RADHAKRISHNAN, A.K.SIKRI
Akkode Jumayath Palli Paripalana Committee – Appellant
Versus
P. V. Ibrahim Haji – Respondent
ORDER
K. S. Radhakrishnan, J
1. Leave granted.
2. The question that arises for consideration in this appeal is whether the Wakf Tribunal has got jurisdiction to entertain a suit for injunction restraining the defendants from interfering with the administration, management and peaceful enjoyment of the Mosque and madrassa run by it and all the assets attached to the Mosque.
3. Appellant, a society registered under the Societies Registration Act stated to be formed for the management and administration of wakf property including a Mosque situated therein, filed a suit for an injunction before the Court of Munsiff, Manjeri, which was transferred to the Court of Wakf Tribunal, Kozhikode and numbered as O.S. No.53 of 2003. The suit was contested by the respondents on merits and ultimately it was decreed by the Wakf Tribunal on 28.09.2004 and the plaintiff was given a decree for a perpetual injunction restraining the defendants/respondents and their men from interfering in any manner in the administration, management and peaceful possession and enjoyment of the Mosque, namely, Akkode Juyamath Palli, the madrassa run by it and all the assets attached to the Mosque.
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