The court emphasized the necessity of proper adjudication of Wakf property disputes and the implications of previous judgments on ongoing cases.

1. This order shall dispose of two original petitions, preferred against two interim orders, one rejecting the prayer made by the Wakf Board for summoning the record of the old suit and another, allowing the impleadment of one Sebastian Joseph as a party in W.O.A.38 of 2023.

2. The facts for adjudication of the aforementioned O.P.s, in brief, are as under:

An Enquiry Petition bearing No.685 of 2008 was initiated against M. S. Naseer Sait, M. S. Subaida Bai, Irshad Sait N. M. and Secretary, Farooq College Managing Committee, Kozhikode, on the basis of the report of the Chief Executive Officer, alleging that 404.76 Acres of land under the possession of Farooq College by virtue of Wakf deed No.2115 of 1950 of S.R.O. Kuzhuppalli have been alienated without obtaining the permission of the Board and subsequent registration of the same with a view to repossess the alienated properties under S.52 of the Waqf Act, 1995. It is pertinent to mention here that the Farooq College, having the possessory rights, had transferred the property in favour of Sebastian Joseph and Joseph Benny, Antoney and Irshad Sait. All the aforementioned persons were not the parties in the enquiry proceedings and ultimately, vide order dated 20/05/2019, the Executive Officer noticed that the Wakf deed was executed by Muhammed Siddique Sait in favour of Farooq College for running a college as per Islamic System where it was specifically stated that property was handed over to Farooq College as Wakf and the intention was to create a wakf for religious, pious and charitable purposes. Noticing that the property to be Wakf, directed the Farook College - 4th respondent Mutawalli to submit an application for registration under S.36 of the Wakf Act within fifteen(15) days from the date of receipt of the order and in case such application is not submitted, the Junior Superintendent of Kerala, State Wakf Board, was directed to suo motu register the property covered by the Wakf deed bearing No.2155 of 1950 of SRO, with a further direction to the CEO to take steps to trace out the properties in the name of Farooq College and also to initiate actions under S.52 or 54 of the Waqf Act to recover the Wakf properties which were alienated without proper sanction of the Board.

3. Against the aforementioned order, three matters came to be filed, (1) W.O.A.No.38 of 2023 against registration (2) O.A.No.7 of 2023 by Secretary, Farooq College Managing Committee, against the order declaring the property to be the Wakf (3) W.O.A.No.102 of 2025 by M. K.Venu, K. A. Jolly, Watson and Raju.

4. In pending W.O.A. No.38 of 2023, Kerala State Wakf Board submitted an application bearing number I.A.No.6 of 2025 under Order XIII R.10 and S.151 of the Code of Civil Procedure to call for the records of O.S.No.53 of 1967 from the Subordinate Judges Court, Paravur, which has been dismissed vide order dated 07.04.2025 in the following manner:

"This petition filed under Order XIII R.10 and S.151 of the Code of Civil Procedure to call for all the case records pertaining to O.S.No.53/1967 from the Hon'ble Subordinate Judges Court, Paravur.

2. Heard. The petition is dismissed. Parties directed to get the certified copies from the court concerned. No costs."

5. The said order is stayed by this Court in O.P.(Wakf) No.7 of 2025. Similarly, in W.O.A.No.38 of 2023, an I.A.No.5 of 2025 was preferred by Mr.Sebastian Joseph for including him as respondent on the ground that he is a subsequent purchaser of land on the basis of transfer / alienation by the Farooq College. The said application has been allowed vide Ext.P8 order dated 07/04/2025, which is under challenge in O.P.(Wakf) No.9 of 2025, which is also under stay.

6. It is pertinent to mention here that on