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2016 Supreme(Online)(KER) 42916

HIGH COURT OF KERALA
B. RADHAKRISHNAN, CJ, ANU SIVARAMAN, J
SHAFI KULAVADA – Appellant
Versus
MUHAMMED SHAFI – Respondent


O R D E R

Anu Sivaraman, J.

This review petition is filed by the third respondent in C.R.P (Wakf).No.136 of 2015, who is also the writ petitioner in WP(C).6128 of 2016, against the common judgment dated 4.4.2016. The review petition is filed aggrieved by the directions in the judgment to make payment of an amount of Rs.10,36,222/- collected as rent to the 1st respondent herein who was functioning as the President of the Managing Committee of the Hidayathul Islam Madrassa.

2. Heard Sri.M.A.Zohra, learned counsel for the review petitioner and Sri.T.H.Abdul Azeez, learned counsel for the first respondent.

3. It is contended by the learned counsel for the review petitioner that since the right of the management of the Madrassa and the institutions run by it is in dispute, the amounts may not be allowed to be appropriated by the first respondent until W.T.O.A.No.3 of 2013 is finally disposed of by the Wakf Tribunal. The learned counsel appearing for the first respondent submits that the RP.345/16 2 rent collected from the properties is the substantial income of the Wakf and that since he has been directed to carry out the day-to- day expenses of the Wakf, and its institutions which include

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