JUDGMENT

(Dated this the 22nd day of September 2022)

Basant Balaji J., The petitioner is the plaintiff in W.O.S. No.92 of 2019 on the files of the Wakf Tribunal, Kozhikode and the respondents are the defendants therein.

2. The suit was filed by the petitioner/plaintiff seeking permanent prohibitory injunction and alternatively seeking recovery of possession of property.

3. Before the Wakf Tribunal, the question of maintainability came up for consideration and considering the Wakf Act and Rules, the Tribunal held that the suit is not maintainable. Thereafter, the Wakf Tribunal, as per order dated 24.9.2021, returned the plaint for non-

compliance of Order VII Rule 10 CPC.

4. The suit was originally filed before the Munsiffs'

Court, Kozhikode and it was returned citing lack of jurisdiction. Thereafter, it was presented before the Wakf Tribunal, Kozhikode.

5. On 9.11.2021, just before the judgment was to be pronounced after the full trial, the Tribunal returned the plaint for not taking steps.

6. The contention of the petitioner is that the return of the plaint is without understanding the scope of Section 83 of the Act and without any reason. It was also contended that the dispute in the pr