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2020 Supreme(Online)(KER) 15090

HIGH COURT OF KERALA
K VINOD CHANDRAN, T. R. Ravi, JJ
MUNAVVIRUL ISLAM MADRASSA & HANAFI MAHALLU COMMITTEE – Appellant
Versus
K.M. KABEER, S/O. P.MOIDU – Respondent


Advocates:
ADV. SRI.V.A.AJMAL, ADV. SRI.T.H.ABDUL AZEEZ, ADV. SMT.A.C.ARFANA, ADV. SRI.R.MAJEED KUTTY, SRI.T.P.SAJID, ADV.SHIBILI NAHA, ADV. SHRI.T.K.SAIDALIKUTTY

ORDER

T.R.Ravi, J.

Heard Sri Babu Karukappadath on behalf of the revision petitioners, Sri K.P.Majeed on behalf of respondents 1 to 7 and Sri T.K.Saidalikutty on behalf of the 8th respondent Wakf Board.

2. Defendants 1 and 3 in WOS No.30 of 2012 on the file of the Wakf Tribunal, Ernakulam are the revision petitioners. The respondents 1 to 7 filed the suit contending that they were sympathisers of the Kerala Nadvathul Mujahideen (KNM for short) and for that reason, the revision petitioners are harassing them and the other members of KNM. It is contended that the revision petitioners have imposed a ban on petitioners and other members of KNM and excommunicated them from all functions relating to the Munavirul Islam Madrassa. It is also stated in the plaint that the petitioners had proclaimed that they will not allow burial of the dead bodies of the relatives of the plaintiffs and others, in the burial ground attached to the Jama-ath.

3. The petitioners filed written statement contending that the Jama-ath was established long ago and that the members follow the Hanafi Mad-hab, according to which the burial is led by the Imam of the masjid. It was contended that there cannot be a different

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