SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Ker) 36

A.BADHARUDEEN
Ramankutty – Appellant
Versus
Narul Hudha Yathim Khana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Madhu Radhakrishnan, Nelson Joseph, M.D. Joseph, Deepak Ashok Kumar

ORDER :

This Revision Petition has been filed under Section 115 of the Code of Civil Procedure challenging order dated 02.12.2021 in O.S.No.674/1998 on the file of Munsiff Court, Wadakkanchery. The revision petitioner is the 3rd defendant in the above Suit. The respondents herein are the plaintiff and other defendants.

2. Heard the learned counsel for the petitioner. Nobody appeared for the respondents even after service of notice.

3. It is argued by the learned counsel for the petitioner that in view of the latest decision of the Honourable Supreme Court reported in [2021 (6) KLT 482], Rashid Wali Beg v. Farid Pindari & Ors., civil court has no jurisdiction to deal with the Suit. In the above decision, it has been held that the Wakf Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure and as per Section 83(1) of the Wakf Act, the Wakf Tribunal is having jurisdiction to decide any dispute or question or other matter (i) relating to a Waqf and (ii) relating to a Waqf property.

4. As per the order impugned, the learned Munsiff dismissed the petition after giving emphasis to the decision of the H

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top