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2013 Supreme(Ker) 427

K.M.JOSEPH, A.HARIPRASAD
Norman Printing Bureau represented by its Partner Mrs. P. V. Hemalatha – Appellant
Versus
P. M. Mammu Haji – Respondent


Advocates Appeared:
For the Petitioner:B.G. Bhaskar, Biju Abraham, Advocates.
For the Respondents:R1, P.A. Abdul Jabbar, Caveator, V.R. Induraj, Advocate, K. Shibili Naha, Standing Counsel, Kerala State Wakf Board.

Judgment :

A. Hariprasad, J.

1. Revision petitioner is the 1st defendant in a suit for injunction filed before the Wakf Tribunal (hereinafter referred to as "the Tribunal") by the 1st respondent/plaintiff. 2nd respondent Wakf Board is the 2nd defendant in the suit. Challenge herein is against the temporary injunction order passed by the Tribunal against the petitioner.

2. 1st respondent's case in the injunction petition is as follows: The shop building described in the plaint schedule, situated in Kozhikode City, belongs to a Wakf. 1st respondent/plaintiff is a Wakf Trust represented by the Secretary. Plaintiff is in management of the Wakf properties. Predecessor of the revision petitioner took the shop room on rent from the muthavalli of the Wakf as per an agreement on 15.09.1973. Revision petitioner is running a printing press in the tenanted premises. Another suit was filed against the revision petitioner by the Wakf, seeking eviction from the premises. On 19.06.2012, the 1st respondent/plaintiff noticed the revision petitioner taking hasty steps for materially altering the structure of the tenanted shop room. Revision petitioner removed the windows of the rooms and attempted to











































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