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2002 Supreme(Mad) 1147

V.KANAGARAJ
M. S. Abdul Hameed – Appellant
Versus
S. M. Sheik Mohammed and Others – Respondent


Advocates Appeared:For the Petitioner:Mr.R. Srinivasan, Advocate. For the Respondents:Mr.T.R.Rajaraman, Advocate.

Judgment :-

This revision petition filed by the petitioner in Wakf O.P.No.22/2000 as against the fair and decretal order dated 26.4.2001 made in I.A.No.186/2000 in the said Wakf O.P. by the Court of the Principal Subordinate Judge, Nagapattinam, on certain grounds as broughtforth in the grounds of revision petition.

2. The application in I.A.No.186/2000 had been filed in Wakf O.P.No.22/2000 by the defendants 1 to 5 under Section 83(5) of the Wakf Act 1995 read with Order 7 Rule 11 C.P.C. for want of statutory notice under section 89 of the Wakf Act thereby praying to reject the Wakf O.P.No.22/2000.

3. The Court below i.e., the Court of Principal Subordinate Judge, Nagapattinam, in its order dated 26.4.2001 would not only trace the facts and circumstances of the case to the effect that on the part of the petitioners they would come forward to file this application on the grounds that the respondents have filed the main Wakf O.P.No.22/2000 seeking to cancel the nomination of the petitioners therein as co-trustees of the trust, the subject matter therein is that proper notice under Section 89 of the Tamil Nadu Wakf Act is mandatory without which there is no cause of action for such a pe
























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