KAUSER EDAPPAGATH
Meeravu Haji, S/o Oorai – Appellant
Versus
T K Makkar S/o Karrorkutty – Respondent
O R D E R
This review petition is filed to review the judgment of this court in OP(C) No.177/2023, dated 5/11/2024.
2. The review petitioners are respondents 1, 3 and 5, and the respondents are petitioners 1 to 8 and respondents 2, 4, 6 to 15 in OP(C) No.177/2023. The original petition has been filed challenging the order passed by the Munsiff Court, Kothamangalam returning the Execution Petition filed by the decree holder in EP No.23/2019 in OS No.403/1996 to file before the proper court on the ground that it has no jurisdiction to execute the decree as per Section 37(b) of CPC. This Court found that the decree is executable, and the Executing Court has jurisdiction to execute the decree. The order passed by the Executing Court returning the Execution Petition to file before the proper court was set aside, and the Executing Court was directed to proceed with the execution and complete it as expeditiously as possible, at any rate, within a period of three months. Thereafter, the Executing Court after issuing notice under Rule 35 of Order 21 of CPC to all the judgment debtors, deputed Court Amin to take delivery of the property and hand over the same to the decree-holders as per the d
Mathura Prasad Sarjoo Jaiswal and Others v. Dossibai N.B. Jeejeebhoy
Moran Mar Basselios Catholicos and Another v. Most Rev. Mar Poulose Athanasius and Others
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.
(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 to execute waqf-related decrees even after the establishment of the Waqf Tribunal, and necessary parties must be included in execution proceedings.
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 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....
(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....
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....
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
(1) Jurisdiction of Wakf Tribunal – Injunction simpliciter sought for before Tribunal does not fall within its jurisdiction and plaint has to be rejected.(2) An Amendment will be retrospective only ....
The Waqf Board holds original jurisdiction over mutawalli appointments, while the Tribunal's role is appellate, as established by the Waqf Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.