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2009 Supreme(Mad) 3346

S.RAJESWARAN
Sunnath Jamath Committee of Masjid-e-Akasha, Rep. By its President Mr. K. Syed Ibrahim and its Joint Secretary Mr. B. Rizwan – Appellant
Versus
K. Anthonysamy & Others – Respondent


Advocates appeared:
For the Petitioner:V. Lakshminarayanan for M. Hidayathullah Khan, Advocates.
For the Respondents:R1 & 2, T. Arulraj, R8, Sulaiman, Advocates, R9 to 12, Mrs. Shanthi Rakkappan, A.G.P. (C.S.).

Judgment :-

This Civil Revision Petition is filed against the Order in G.No.11295 of 2007 (unnumbered W.O.S.) on the file of District Wakf Tribunal (Subordinate Judge), Krishnagiri.

2. The plaintiff in Gen.No.11295 of 2007/Un-numbered W.O.S. on the file of the Court of District Wakf Tribunal (Subordinate Judge), Krishnagiri, is the revision petitioner before this Court. He is aggrieved by the order of the Wakf Tribunal dated 011. 2007, by which, the Tribunal rejected the plaint itself on the ground that the suit is barred by res judicata, as per Sec.11 C.P.C.

3. The plaintiff filed W.O.S. No.(un-numbered) 2007 for the following reliefs:

(1) to declare that the suit property is a Wakf by user as a burial ground for the Muslim community of the plaintiff mosque;

(2) to grant permanent injunction restraining the defendants 1 to 7 from trespassing into the suit property or any aprt of the same and from disturbing or obstructing the plaintiff people from using the suit property as burial ground of the Muslim community people of the plaintiff mosque;

(3) to declare that the sale deed dated 24.01.1963 executed by the defendants 3 to 5 in favour of Kolandaisamy Mudali, the father of the defe










































































































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