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 essential. Thalassery Pazhaya Juma-th Palli is a very old Muslim Mosque in Thalassery. There is virtually no dispute that it is a Wakf. The Wakf owns properties. It is submitted at the Bar that the Wakf is of ancient origin and the affairs of the Wakf were being managed from time to time by responsible Muthavallies. While so, a society was formed under the Societies Registration Act. The Memorandum of Association and bye- laws of the society clearly reveal that the society was formed for the purpose of duly administrating the Wakf. There is virtually no dispute before us that the Managing Committee of the society is now the Muthavaly in respect of the Wakf.

4. Enquiry under Sec.70 of the Wakf Act is pending before the Wakf Board as E4-8360/07. We are not apprised of the details of the said enquiry. Suffice it to say that an enquiry under Sec.70 of the Wakf Act is pending. It relates to the administration of the Wakf. It appears that a grievance was raised that persons eligible for membership in the society which is managing the Wakf are not being granted membership. The petitioner herein claims to be a person professing Islam who hails from the locality. He has a permanent residence within the Mahal. According to him, he and many others like him are eligible for membership going by the bye-laws of the society. They have not been given membership. Keeping all of them away from the society, the society was planning to conduct an election. The common petitioner herein felt aggrieved by that conduct and therefore approached the Wakf Board with applications. The short grievance of the petitioner is that persons eligible for membership are not being admitted to membership and the society is arbitrarily proceeding to conduct an election to the governing body. It was hence that an order - described to be an interim order was sought by the petitioner initially by filing I.A.No.61/08. In that application numbered as an I.A. in the pending proceedings under Sec.70, the first impugned order was passed restraining the 1st respondent from conducting election until further orders. While that order was in force, an attempt was made to convene a General Body Meeting and against that, I.A.No.119/08 was filed by the very same petitioner. That petition again was described as an I.A. in the main proceedings and the second impugned order restraining the first defendant from convening a General Body meeting to be held on 22/6/08 was passed.

5. The first respondent promptly approached the Wakf Tribunal with O.A.Nos.11 and 12 of 2008 challenging these impugned orders. The Wakf Tribunal by the impugned common order took the view that the Wakf Board has no powers to pass any interim orders. It was further held that, at any rate, the impugned directions could not have been issued