Anil K. Narendran, J.

The 1^st respondent in O.A.No.10 of 2015 on the file of the Waqf Tribunal, Kozhikode, has filed this C.R.P(Wakf), invoking the provisions under Section 83 (9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 , challenging the order dated 21.04.2015 of the Kerala State Waqf Board in O.P.No.50 of 2007. By the order dated 30.11.2017, the Tribunal allowed O.A.No.10 of 2015, whereby the order dated 21.04.2015 of the Kerala State Waqf Board in O.P.No.50 of 2007 was set aside.

Paragraphs 15 to 19 of that order read thus;

“15. In the impugned order of the Wakf Board, it is stated that there is admission of the respondents that the first respondent is old lady who is incapable of day to day management of the wakf. But there is no such admission either in the counter statement filed by the respondents or in the evidence of RW1 that the mutawalli being an old lady is not capable of managing the wakf. So, the above said finding in the impugned order is factually incorrect.

16. Admittedly, the wakf has been in the management of the Arakkal Swaroopam from time immemorial, which is the established custom and usage. It is also conceded by all the p