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2024 Supreme(SRI)(CA) 841

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
M. Sampath K.B. Wijeratne, R. Gurusinghe, B. Sasi Mahendran, JJ
A. S. Hibathullah and other – Appellant
Versus
Mohamed Uvais Mohamed Hamza – Respondent


Advocates:
Hijaaz Hisbullah with for the Petitioners Suren Gnanaraj with Shamailie De Silva and Sandun Batagoda for the 1st, 4th-8th and 10th Respondents. Prabashanee Jayasekara for the State

ORDER

B. Sasi Mahendran, J.

This Order contemplates whether to grant interim relief and issue summons to the Respondent.

The Petitioners instituted this Contempt of Court application against the Respondent on 19.09.2024 on the basis that the Respondent has intentionally and contumaciously submitted a fabricated survey plan in cases bearing Nos.CA/WRIT/558/2021 and CA/WRIT/559/2021, which is different from the allegedly same plan submitted for the same premises in the case bearing No. CA/WRIT/293/2021. All these writ applications deal with whether the particular Deed of Trust No. 2125 dated 21.11.1935 attested by John Wilson, Notary Public of Colombo is a Muslim charitable trust or Wakf. It should be noted that the Petitioners in this case have made an application before the Wakf Tribunal taking actions against the trustees. The Respondent along with other trustees has taken up the objection that this is not a Muslim Charitable Trust. The Chairman of the said Tribunal has formed the opinion that the particular deed is a Muslim charitable trust, against which the Respondents have instituted these writ applications before this Court. The Petitioners state that, in CA/WRIT/293/2021, the i

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