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2020 Supreme(Ker) 762

Darul Huda Masjid Mahallu Committee – Appellant
Versus
Kokkur Juma Masjid Committee – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. V.V. Asokan, Smt. S. Amina, Sri. K.I. Mayankutty Mather.
For the Respondents: Sri. K. Anand, Sri. Millu Dandapani, Smt. Sumathi Dandapani, Sri. P.A. Abdul Jabbar, Sri. A.A. Abul Hassan, Sri. M.M. Saidu Muhammed, Sri. K. Shibili Naha, Sri. T.K. Saidalikutty.

ORDER :

1. The dispute involved in these revision petitions is regarding the right of management of a Wakf property. O.S. No. 166 of 2001 was filed by the revision petitioner herein before the Wakf Tribunal, Kozhikode praying for a permanent prohibitory injunction restraining the respondents from obstructing the management of the plaint schedule property. O.S. No. 167 of 2001 was filed by the respondents herein seeking a decree of recovery of possession of the plaint schedule property.

2. The properties originally belonged to Ahammed Abdul Haleem who executed a Wakf deed in 1954. He managed the wakf till his death. As per the Wakf deed, his male children are entitled to manage the wakf and if he left no male children, the management of the Wakf property has to be done by the Palli Karnavan of the Kokkur Juma Mosque; the plaintiff in O.S. No. 167 of 2001. The Wakif died without leaving any children, and hence according to the Kokkur Juma Mosque Committee, they alone have the right to manage the property. It is on the above basis that O.S. No. 167 of 2001 has been filed.

3. According to the revision petitioners, the right of management of the masjid vested upon a committee which include

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