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2020 Supreme(Ker) 858

K.VINOD CHANDRAN, T.R.RAVI
Y. C. Moosakutti @ Moosa Moulavi – Appellant
Versus
Liwa-Ul Huda Islamic Trust, rep. by Y. C. Alikoya Haji, S/o. Y. C. Aboobacker – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.BABU KARUKAPADATH, SMT.AMRIN FATHIMA, SRI.MITHUN BABY JOHN, SRI.J.RAMKUMAR, SMT.M.A.VAHEEDA BABU, SHRI.P.U.VINOD KUMAR
For the Respondent: SRI.S.VINOD BHAT, SRI.LEGITH T.KOTTAKKAL, SRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD.

ORDER :

K.Vinod Chandran, J.

The revision is from the judgment of the Waqf Tribunal dismissing the suit filed by the plaintiffs/revision petitioners. The suit was one for declaration, mandatory injunction and recovery of possession. The plaint schedule properties consisted of two items having an extent of 4½ and 3¾ cents in R.S.No.101/3-4 in Kizhuparamba Village. Admittedly, there is a Mosque and a Madarassa situated in the properties, the management of which is the bone of contention between the parties in the suit. The 1st and 2nd plaintiffs are husband and wife and the 3rd plaintiff is said to be a Trust in management of the Mosque and Madarassa. The defendants are alleged to have taken over the management illegally. The 1st plaintiff claimed that the properties belonged exclusively to him and that the construction was from own funds expended by the 1st plaintiff.

2. The plaintiffs claimed recovery of possession and mandatory(sic)injunction to abstain from the management of the Mosque and the Madrassa, against the defendants. The defendants were alleged to have taken over illegal possession of the properties and its management on 30.10.2008. The defendants contested the matter. The

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