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2011 Supreme(Online)(KER) 14359

HIGH COURT OF KERALA
K.HEMA, J
DAIRA MAHALLAM – Appellant
Versus
NARIKUTHY SUNNATHUWAL JUMA-UT COMMITTEE – Respondent


J U D G M E N T

A suit was filed by appellants before the Sub Court against respondents for permanent injunction in respect of a Wakf property. After trial, a decree was passed, as prayed for. In the appeal filed by defendants before the District Court, the decree and judgment of the trial court were set aside and suit was dismissed. Hence this second appeal is filed by the plaintiffs- appellants inter alia contending that plaint A and B schedule properties are in the exclusive possession of first appellant and they are in management of the same.

2. First appellant is stated to be the President of Diara Street Mahallam ('Diara Mahallam' for short) who filed the suit representing the Diara Mahallam. The beneficiaries of property and members of Diara Mahallam are represented by first appellant. The office bearers of Narikuthy Mahallam have absolutely no right over plaint A and B schedule properties. An attempt is made by respondents to cause obstruction to the R.SA. No.839/03 2 construction of mosque in plaint B schedule property, even though they had admitted before the District Collector, title and possession of the property of Diara Mahallam.

3. Respondents filed written statement co

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