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2008 Supreme(Mad) 690

S.MANIKUMAR
Salem Mohammedpura Parimala Sunnath Jammath Masjid Committee, rep. by its Muthuvalli, Salem – Appellant
Versus
P. A. Kareem & Others – Respondent


Advocates Appeared:
For the Petitioner:K. Ilias Ali, Advocate.
For the Respondents: No appearance.

Judgment :-

This revision is directed against the order in I.A.No.78 of 2995 in A.S.No.10 of 2005 on the file of the Subordinate Judge, Salem.

2. Though all the respondents were served, they have not entered appearance either in person or through counsel. Therefore, the Civil Revision Petition is taken up for final hearing in their absence and decided on merits.

3. The petitioner herein, is the defendant in O.S.No.815 of 1998 on the file the District Munsif Court, Salem. The petitioner is a Jamad Committee represented by its Muthavalli. The suit property is a wakf property and the respondents are the tenants of various portions of the wakf property. The tenants have instituted the above suit for permanent in-junction, restraining the defendant/ petitioner herein or their office bearers, servants, from causing any disturbance to the plaintiffs/respondents possession and enjoyment of the property and for further reliefs.

4. The petitioner herein hasfiled a written statement in the said suit, contending inter alia that the property is a wakf property, covered under the provision of Section 83(1) of the Wakf Act, 1995. The State Government have constituted the Wakf Tribunal at Salem a












































































































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