The court must determine jurisdiction as a preliminary issue before resolving temporary injunctive relief in Waqf disputes, clarifying jurisdictional authority between the Wakf Tribunal and Waqf Board.

JUDGMENT

Muralee Krishna S., J.

The plaintiffs in WOS No.60 of 2025 on the file of the Wakf Tribunal, Kozhikode (the ‘Tribunal’ for short) filed this MFA (Waqf), invoking the provisions under Section 83 (9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act , 1995, as amended by the Waqf (Amendment) Act, 2025 (‘Waqf Act’ for short), being aggrieved by the order dated 16.01.2026 passed by the Tribunal in I.A.No.2 of 2025 filed by the appellants- plaintiffs for temporary injunction, under Order 39 Rule 1 of the Code of Civil Procedure , 1908 (‘CPC’ for short), whereby, the Tribunal dismissed that interlocutory application on the ground that the Tribunal has no jurisdiction to decide a dispute pertaining to the right of Mutawalliship and it is the Waqf Board which is having the jurisdiction to decide the issue in view of the judgment of the Apex Court in S.V.Cheriyakoya Thangal v. S.V.P.Pookoya [2024 (3) KLT 123] and that of this Court in Kunjabdulla v. Ahammed Varikkodi [2024 (5) KLT 55]

2. The facts that can be discernible from the impugned order of the Tribunal and from the statement of facts of this MFA are as follows:

The appellants filed WOS No.60 of 2025 before the Tribunal for a permanent prohibitory injunction restraining respondents 1 to 3 and their men from trespassing into the plaint schedule property, from making any construction in the property and also from interfering in the management of Ayirani Juma-ath Palli and Burial ground. In the said suit, the appellants filed I.A.No.2 of 2025 seeking an order of temporary injunction for the aforesaid purpose until the final disposal of the suit.

2.1. According to the appellants, item No.1 of the plaint schedule property was dedicated as Waqf by the ancestors of the Kalliyath family. A mosque was constructed on that property by the Kalliyath family and was dedicated as a Waqf. Item Nos. 2 and 3 of the plaint schedule property, consisting of 96 cents in Re- survey No.453/13, were registered as Waqf at the Kalpakanchery Sub-Registrar Office, vide Document Nos. 538/1950 and 698/1950 in the name of the then manager of the Kalliyath family. A Madrassa and Khabarsthan are located in those properties. All these properties were registered with the Waqf Board, and the management has been carried out by the Mutawalli appointed from the Kalliyath family. After the death of the 1^st Mutawalli, namely Kalliyath Veeravunni Haji, in the year 1957, his son Kalliyath Beeran Kutty took over the management. When Beeran Kutty had to move away due to his job as Revenue Inspector, he handed over the charge of Mutawalliship to his younger brother, Kalliyath Muhammed Master. In the year 1961, Kalliyath Muhammed Master was appointed as the Muthawalli, and the properties were with the Waqf Board under registration No.4338/RA in the name of Ayirani Juma-ath Palli. After the death of Kalliyath Muhammed Master on 16.09.2016, his son Amirudheen alias Monu, followed by Kalliyath Veeravunni’s son Ibrahim Kutty, became the Mutawalli. After the death of Ibrahim Kutty, the 2^nd appellant has been serving as the Muthawalli, by submitting accounts to the Waqf Board and performing all duties.

2.2. It is the further case of the appellants that the Mutawallis are chosen by the Kalliyath family traditionally. The appointment of the 2^nd appellant as Muthawalli has been recognised and confirmed by the Waqf Board through a formal letter. Though a registered committee was