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2024 Supreme(Online)(KER) 9844

HIGH COURT OF KERALA
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ
M.M. ABDULLA KUTTY – Appellant
Versus
M. ABDULLA KUTTY HAJI – Respondent


Advocates:
SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU, Millu Dandapani SRI.B.G.BIDAN CHANDRAN SRI.K.P.DANDAPANI SR. SRI.K.JAMSHED HAFIZ, SC, KERALA STATE WAKF BOARD

Table of Content
1. defendants contended suit not maintainable (Para 2)
2. waqf tribunal's jurisdiction discussed (Para 3)
3. court clarified tribunal's jurisdiction (Para 10)
4. impugned order set aside (Para 11)

ORDER

Anil K. Narendran, J.

The petitioners, who are the plaintiffs in O.S.No.140 of 2021 on the file of the Waqf Tribunal, Kozhikode, have filed this revision petition, invoking the provisions under Section 83 (9) of the Waqf Act, 1995 (for short, the Act), challenging an order dated 25.5.2002 of that Tribunal in I.A.No.67 of 2002 in O.S.No.140 of 2001. That interlocutory application was filed by defendants 1 to 4, 6 and 7, seeking an order to dismiss the suit as not maintainable, in view of the provisions under Section 87 of the Act. That suit was filed by the appellants for a permanent prohibitory injunction restraining the defendants and their men and agents from trespassing into the plaint schedule properties and the mosque situated therein, except for offering the prayers, and not to cause any obstruction for the management of the properties by the plaintiffs.

2. The defendants raised a contention that, the plaintiffs are not competent to file such a suit and get the reli

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