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2024 Supreme(Online)(KER) 7124

HIGH COURT OF KERALA
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ
KAYALMADATHIL KANAVATH KAMMED – Appellant
Versus
KONNALOOR JUMA-AT-PALLI COMMITTEE – Respondent


Advocates:
SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI PARIYARATH, ADV SRI.R.RAMADAS

ORDER

Anil K. Narendran, J.

The petitioner is the plaintiff in O.S.No.2 of 2011 on the file of the Waqf Tribunal, Kozhikode, which was one filed against the respondents-defendants, seeking a permanent prohibitory injunction restraining them and their men from trespassing into the plaint schedule property and interfering with the peaceful possession of the same by the plaintiff. On receipt of notice, defendants 1 to 3 entered appearance before the Tribunal. The 2nd defendant alone filed written statement raising a contention that it is in possession of the plaint schedule property, which is covered by a purchase certificate issued by the Land Tribunal, Thiruvananthapuram in S.M. proceedings No.1982/75. On the side of the plaintiff, PW1 was examined and Exts.A1 to A3 were marked. On the side of the defendants, Exts.B1 to B4 were marked. The Advocate Commissioner, who submitted Ext.C1 report and Ext.C2 sketch of the plaint schedule property, was examined as RW1.

After considering the rival contentions, the Waqf Tribunal, by the impugned judgment dated 14.10.2011, dismissed O.S.No.2 of 2011, for the reasons stated therein. Feeling aggrieved, the petitioner-plaintiff is before this Court i

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