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2011 Supreme(Ker) 572

R.BASANT, K.SURENDRA MOHAN
A. P. A. Rasheed – Appellant
Versus
N. N. Khalid Haji – Respondent


Advocates Appeared:
For Petitioner:T.H. Abdul Azeez, M. Isha, Advocates.
For Respondents: Babu Karukapadath, for Caveator, A.A. Abul Hassan, SC, Wakf Board.

JUDGMENT

Basant, J.

1. Is the Wakf Board acting under Section 32 of the Wakf Act an adjudicatory body? Are the powers under Order 39 C.P.C available to the Wakf Board when it acts under Section 32? Can the Wakf Board pass interim orders while acting in exercise of its powers under Section 32? What are the powers of the Board when it acts under Section 32? These questions are raised for consideration before us.

2. These revision petitions are directed against a common order passed by the Wakf Tribunal. Proceedings were initiated before the Wakf Tribunal evidently under Sec.83(2) of the Wakf Act challenging two separate orders passed by the Wakf Board. Both are described to be interim orders passed by the Wakf Board in an enquiry pending before it as E4-8360/07. The first impugned order dated 26/4/08 restrains the respondents herein from conducting an election to the Managing Committee until further orders. The second impugned order restrains the 1st respondent herein from convening a General Body Meeting on 22/6/08 and taking any decision in the said General Body Meeting. The Wakf Tribunal by the impugned orders set aside the orders.

3. A brief reference to vital facts may be essen




































































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