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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, Easwaran S., JJ
ABDULLA KOYA, IMBICHIKOYA THANGAL, MUHAMMEDKOYA THANGAL – Appellant
Versus
THE SECRETARY, BAFAKKI YATHEEMKHANA – Respondent
| Table of Content |
|---|
| 1. background of the dispute over waqf property ownership. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. final ruling on the waqf property and management. (Para 8 , 9 , 24) |
| 3. arguments presented by both parties regarding property management. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court's observations on waqf property definitions and implications. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 5. legal definition of waqf under the wakf act. (Para 23) |
JUDGMENT
[CRP(WAKF) Nos.16/2017, 39/2017]
AMIT RAWAL, J
This order shall dispose of two CRPs bearing Nos.39 of 2017 (filed by the plaintiffs in the original suit) and 16 of 2017 (filed by the 1st defendant in the original suit) arising from the common judgment dated 09.12.2016 in O.S.No.06 of 2003. In CRP No.39 of 2017, petitioners are the plaintiffs, whereas CRP NO.16 of 2017, petitioner is the 1st defendant.
2. The facts leading to the filing of the original suit No.06 of 2003 are enumerated herein below :
The plaintiffs, three(3) in number i.e., Abdulla Koya, Imbichikoya Thangal and Muhammedkoya Thangal arrayed the Secretary of Bafakki Yatheemkhana Valavannoor Amsom, Desom Board as defendant No.1, defendant Nos.2 to 11 members of ancient Kananc
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