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2026 Supreme(Online)(Ker) 13003

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
ABDUL RAHMAN NAZAR – Appellant
Versus
MANJALY MUSLIM JAMA-ATH – Respondent
RP NO. 1346 OF 2025 | RP NO. 1391 OF 2025 | CRP(WAKF) NO.48 OF 2023



Advocates:
For the Appellants/Petitioners: K.Rajeev, P.B.Subramanyan
For the Respondents: K.Anand, Jamsheed Hafiz

The Court clarified that prior judgement's observations on fraud and limitation did not prejudice ongoing proceedings and are not grounds for review.

Headnote:This judgment examines review petitions R.P. Nos. 1346 and 1391 regarding CRP (WAKF) No. 48 of 2023. The Court reiterates that the earlier judgment on fraud and limitation does not adjudicate merits and thus warrants no review. The concerns raised about prejudice lack substance as no definitive findings were made. Consequently, the petitions are dismissed.

O R D E R

P.V.BALAKRISHNAN,J These review petitions are filed seeking review of the judgment dated 11.09.2025, passed in CRP (WAKF) No. 48 of

2023.

2. R.P. No.1346/2025 is filed by respondent Nos. 10,12,13 and 15 and R.P.No.1391/2025 is filed by respondents Nos.1 to 4, 6 to 8, 17 and 18, in CRP(WAKF) No. 48 of 2023.

3. Heard Adv.K.Rajeev, the learned counsel appearing for the petitioners in RP No.1346/2025, Adv.P.B.Subramanyan, the learned counsel appearing for the petitioners in RP No.1391 of 2025, Adv.K.Anand, the learned counsel appearing for respondents 1 to 3 and Adv. Jamsheed Hafiz, the learned standing counsel appearing for the WAKF Board.

4. The only contention raised by the learned counsel for the review petitioners is that the observations made by this Court regarding fraud and limitation, while disposing of the CRP(WAKF) may cause prejudice in the minds of the Tribunal while disposing of WOS No.430 of 2019, on merits. But, we are afraid that there is no merit in the apprehension raised by the learned counsel for the review petitioners. A perusal of the judgment in CRP(WAKF) No.48/2023 would go to show that this Court has not delved into and entered a finding on merits in the matter, including the question of limitation and fraud, and has only remitted back WOS No.430 of 2019 to the Tribunal for deciding the matter afresh. There is no error apparent on the face of the record warranting invocation of the review jurisdiction in this case.

Ergo, RP Nos.1346 and 1391 of 2025 are dismissed.

Sd/-

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