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2007 Supreme(Ker) 240

T.R.RAMACHANDRAN NAIR, KURIAN JOSEPH
Muthawalli, Madeena Masjid, Pulleppady – Appellant
Versus
Kerala Jama Ath Islami Hind – Respondent


Judgment :-

Kurian Joseph, J.

Whether a suit or other legal proceedings can be maintained on behalf of an unregistered Wakf for enforcement of any of its rights before the Wakf Tribunal, is the crucial question arising for consideration in this case. Petitioner is the plaintiff in W.O.S.18/07 on the file of the Wakf Tribunal, Ernakulam. The defendants are the respondents herein. The suit is one for permanent prohibitory injunction. Petitioner is the Chairman of a Trust managing Madeena Mazjid, Pullepady. One Abdul Sathar Moulavi was appointed by the Muthavalli as Imam and Khathib of the Mosque as per the Wakf deed. However, the first respondent organization and the second respondent claimed that the second respondent is the Imam and Khathib of the Mosque, as usually nominated by the first respondent organization. On their attempt to interfere with the control and management of the affairs of the Mosque the suit was filed. Along with the suit, I.A.74/07 was filed for temporary injunction. The suit and the application were contested by the respondents. The application was disposed of by the order under revision dated 14.5.2007 of the Wakf Tribunal holding that the suit itself is not

















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