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2026 Supreme(Online)(Ker) 31124

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi, J
Manappally Town Milad Sheriff Masjid And Charitable Society – Appellant
Versus
Yusuf Kunju – Respondent


Advocates:
For the Appellants/Petitioners: K. K. Sathish, Thomson T. Kurichiyani
For the Respondents: P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, R. Githesh, Ajay Ben Jose, Manjunath Menon, Anna Linda Eden, Harikrishnan S., Anavadya Sanil Kumar, Anjali Krishna, Abhinav P. S., S. Sreekumar

JUDGMENT

The original petition has been filed challenging an order allowing an impleading application filed by respondents 3 to 6. The suit is for an injunction simplicitor filed by the petitioners against respondents 1 and 2, who are individuals. No relief is sought for against respondents 3 to 6 or against any others. The decree in the suit will not in any manner affect the rights of respondents 3 to 6. The claim of the respondents 3 to 6 is that the Masjid does not belong to the petitioners. For any relief against the petitioners it is always open to respondents 3 to 6 to file an independent suit. There is no necessity to get impleaded in the suit and defend an action which is actually initiated against respondents 1 and 2 alone. The court below has after narrating the contentions of both sides concluded stating that since the 1st plaintiff is a Masjid numerous persons might be interested in the administration and hence the questions relating to who is in administration of the Masjid can only be decided after adducing evidence. I do not think it is necessary to go into such issues in a suit which is filed by the petitioners for an injunction simplicitor which is a remedy in per

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