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1978 Supreme(Mad) 476

P.R.GOKULAKRISHNAN, A.VARADARAJAN
The New College, Madras-14, represented by its Secretary-cum-Correspondent, A. A. Rasheed and others – Appellant
Versus
Basheer Mohammed and others – Respondent


Advocates:
N.S. Sivam and Sriram Panchu, for Appellants.
S. Raghavan and K.N. Balasubramanian, for Respondents.

Gokulakrishnan, J. — The second defendant in un-numbered suit of 1978 who was the second respondent in Application No. 2231 of 1978 is the appellant in O.S.A. No. 82 of 1978. The third defendant in the said suit who was the third respondent in the laid application is the appellant in O.S.A. No. 86 of 1978. The first defendant in the said suit who was the first respondent in the said application is the appellant in O.S.A. No. 87 of 1978. These three appeals arise from the order passed by Padmanabhan, J., in Application No. 2231 of 1978 on 26th July, 1978.

2. Application No. 2231 of 1978 was filed by plaintiffs 1 to 5 in un-numbered Civil Suit of 1978 on the file of the High Court (Ordinary Original Civil Jurisdiction) praying for the grant of leave to them for instituting the suit under section 92 of the Code of Civil Procedure. Padmanabhan, J., by his order in the said application, after observing that the question whether the first respondent has been notified to be a wakf by the Wakf Board and whether consequently the suit is not maintainable for want of prior sanction of the Wakf Board is a matter which has to be decided at the time of the trial and not at the stage of considerin
































































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