K.A. Abdul Gafoor, J,

The plaintiffs who lost the suit concurrently before the courts below are the appellants. The suit is of representative character. The dispute raised in the suit is as to whether religious discourse called 'Khutuba' in a mosque in connection with the juma prayer on Friday can also be in vernacular along with its essential ingredients in Arabic. In other words, whether the gathering can be addressed in local language during the course of the 'Khutuba' itself. There was a contention that this was not a matter for resolution by civil courts and therefore the suit was not maintainable. The trial Court accepted that contention and held that such a dispute cannot be said to be "one which the Court is entitled to decide". As there was dispute on the issue among the members of the congregation, the Assistant Collector had initiated proceedings, M.C. 21/67, and had issued Ext. Al order that'A party' therein shall not interfere with the performance of 'Khutuba'in Malayalam in the mosque, namely Karakunnu Juma-ath-Mosque. Therefore, that order was challenged in the suit. Consequently, injunction was also prayed for to restrain conduct of 'Khutuba' in Malayalam