IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 298 of 2008()
1. CHITTOOR MUSLIM JUMA-ATH, REPRESENTED
... Petitioner
2. T.A.MOHAMMED IBRAHIM,
3. K.K.SHAMSUDHEEN MASTER,
4. ABDUL KALAM, SON OF HASSAN MOHAMMED,
5. P.K.KASIM, SON OF PICHA RAWTHER,
6. RAFUL RAHIM, SON OF LATE R.ABDUL JABBAR,
7. K.BABU NAVABJAAN,
8. M.MAJEED, SON OF MUTHURAWTHER,
9. K.ABDUL AZEEZ, SON OF KADER SHAH RAWTHER
10. C.MUSTAPHA, SON OF CHELLA RAWTHAR,
11. M.BASHEER, SON OF MUTHUKUTTY RAWTHER,
12. HASSAN MUHAMMED K.,
13. R.CHANSA, SON OF LATE REHMAN SAHEB,
14. A.NASAR AHMED, SON OF ABDUL HAMEED,
15. JAINUL ABDEEN, SON OF HUSSAIN RAWTHER,
Vs
1. KAMAR BEEVI, WIF OF LATE SHEIK KAREEM
... Respondent
2. NAWABJANI, AGED 49 YEARS,
3. ABDUL RASHEED, AGED 40 YEARS,
4. MUMTHAZ, AGED ABOUT 50 YEARS,
5. SAHIRUNNISA, DAUGHTER OF SHEIK KAREEM
6. NOORJAHAN, AGED ABOUT 45 YEARS,
7. AFROSE, AGED ABOUT 44 YEARS,
8. ZAKKIR HUSSEIN, SON OF LATE JHAN BASHA,
9. C.MOHAMMED RAFI, SON OF LATE
10. C.VIKKAR, SON OF LATE CHAN BADSHAH,
11. C.FAREEDA, DAUGHTER OF LATE
12. C.ANZAR, SON OF LATE BADSHA,
13. THE SECRETARY,
For Petitioner :SRI.T.H.ABDUL AZEEZ
For Respondent :SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :03/12/2009
O R D E R
P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ
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C.R.P. Nos.298 & 615 of 2008
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Dated this the 3rd day of DECEMBER, 2009
O R D E R
Raman, J
1. Both these revisions arise from the same judgment
and decree passed by Wakf Tribunal, Ernakulam in
W.O.S.12/2002. While C.R.P 298/2008 has been filed by the
defendants, C.R.P.615 is filed by the plaintiffs. The suit is
filed seeking declaration, consequential injunction and
fixation of boundary and other reliefs.
2. The suit was originally filed before the Munsiff
Court, Chittoor as O.S.No.283/1995 and subsequently, the
plaint, was transferred to the Wakf Tribunal and numbered
as W.O.S.12/2002. Parties went for trial and ultimately a
decree was passed. The suit was decreed partly.
3. Since the suit is instituted prior to the
commencement of Wakf Act 1995, the question that arises
C.R.P Nos. 298 & 615 of 2007
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for consideration is whether Wakf Tribunal has jurisdiction
over a pending matter instituted before the Civil Court prior
to the commencement of the Act. A Division Bench of this
Court in Muhammed Sahib v. Mohammed Ibrahim2007
(2) KLT 56 after noticing the Judgment of earlier Division
Bench of this Court in Pukoya Haji Vs. Cheriya Haji
2003 KLT 32, held that Pukoya Haji’s case considered only
the question regarding maintainability of the suit filed
before the Civil Court, after the introduction of Section 85
of the Act, but with respect to the pending suits, it was held
that the Civil court will continue to have jurisdiction. In the
light of the above decision of the Division Bench of this
court, it has to be held that the Tribunal has no jurisdiction
in pending matters. The present suit was instituted before
Munsiff court prior to the commencement of Wakf Act 1995.
4. Accordingly, the judgment and decree passed by
the Wakf Tribunal is set aside and we direct the Wakf
Tribunal to transfer all records to the Munsiff court,
C.R.P Nos. 298 & 615 of 2007
3
Chittoor, whereupon the Munsiff court shall dispose of the
same as expeditiously as possible within a period of six
months. Parties may appear before the Munsiff Court on
15/02/2010.
P.R.RAMAN, JUDGE
P.R. RAMACHANDRA MENON, JUDGE
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