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2017 Supreme(Ker) 824

C.T.RAVIKUMAR, ANIL K.NARENDRAN
Madavana Masjidul Badariya Jamaath – Appellant
Versus
K. A. Seethi – Respondent


Advocates Appeared:
For the Petitioners:K. Paul Kuriakose, Eldo Kuriakose, T.K. Hassan, Advocates.
For the Respondents: K.A. Jaleel, SC., Trida, T.P. Sajid, SC, Kerala State Waqf Board.

JUDGMENT :

Anil K. Narendran, J.

1. The petitioners, who are defendants 1 and 4 in W.O.S.No.18 of 2016 on the file of the Waqf Tribunal, Ernakulam, are before this Court in this original petition filed under Article 227 of the Constitution of India seeking for an order to direct the said Tribunal to try the said suit along with I.A.No.57 of 2017 filed by respondents 1 to 11 herein, the plaintiffs in that suit, under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, seeking for an order to prosecute the defendants in that suit, the petitioners and respondents 13 to 28 herein, for willful violation and disobedience of Ext.P2 order of injunction granted by the Tribunal on 10.5.2016 in I.A.No.159 of 2016.

2. Heard the learned counsel for the petitioners/defendants 1 and 4 before the Tribunal.

3. The first petitioner is Madavana Masjidul Badariya Jama-ath and the second petitioner is its Secretary. Going by the averments in the original petition, the first petitioner is in possession and management of the waqf properties consisting of juma masjid, niskara pally, madrassa and khabersthan, etc. The waqf is registered with the Kerala State Waqf Board with registration No.B9-5915/RA and













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