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KAUSER EDAPPAGATH
T. K. Makkar, S/o. Karrorkutty – Appellant
Versus
Meeravu Haji, S/o. Oorai – Respondent
JUDGMENT :
(Kauser Edappagath, J.) :
More than one and a half centuries ago, the Privy Council,[Raj Durbhunga v. Maharajah Coomar Ramaput Sing (1872) SCC OnLine PC 16] observed that - “the difficulties of a litigant in India begin when he has obtained a decree”. This case is a live illustration of the said observation. A decree obtained in the year 2000, in a suit instituted in the year 1996, still remains unexecuted – without even settling the issue regarding the forum to execute it.
2. The petitioners are decree holders 7 to 12, 14 and 15 in EP No.23/2019 in OS No.403/1996 on the file of the Munsiff's Court, Kothamangalam (for short, the Executing Court). The other decree holders, except the 13th decree-holder, are no more. The 13th decree holder has been arrayed as respondent No.15 as he is out of station. The respondent Nos.1 to 13 are the judgment debtors 3, 4, 6 to 8 and 10 to 17. The other judgment debtors are no more.
3. The suit was one for declaration, permanent prohibitory injunction and recovery of possession. The subject matter of the suit was a mosque known as Kuttilanji Muslim Mosque, established by the ancestors of the petitioners/plaintiffs. It is admittedly waqf prop
The Civil Court retains jurisdiction to execute waqf-related decrees even after the establishment of the Waqf Tribunal, and necessary parties must be included in execution proceedings.
(1) Execution of decree – Validity of decree can be challenged in execution proceedings on the ground that Court which passed decree was lacking in inherent jurisdiction – Executing Court cannot go i....
The Civil Court retains jurisdiction over waqf disputes until the Waqf Tribunal is constituted, and review petitions cannot be used to reargue previously decided issues.
Section 37 will not come in the way of execution of decisions taken by Waqf Tribunal which has force of decree of a civil court under Sub-section (7) of Section 83 in view of specific stipulation con....
The Waqf Board holds original jurisdiction over mutawalli appointments, while the Tribunal's role is appellate, as established by the Waqf Act.
Wakf properties – Jurisidction of wakf tribunal - merely because the present petitioner as defendant No.1 appears to have participated in the proceedings and contested the suit before the Tribunal, b....
(1) Suit for permanent injunction in respect of Waqf property is maintainable before Waqf Tribunal.(2) Waqf Tribunal shall be deemed to be a Civil Court and shall have same powers as may be exercised....
The main legal principle established is that the jurisdiction of the Civil Court, Revenue Court, and other authorities in respect of any dispute relating to a waqf property is barred by Section 85 of....
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
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