High Court Kerala High Court

Moideen Kutty vs A.K.Bava on 18 November, 2009

Kerala High Court
Moideen Kutty vs A.K.Bava on 18 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 49 of 2009()


1. MOIDEEN KUTTY, AGED 78 YRS,
                      ...  Petitioner

                        Vs



1. A.K.BAVA,AGED 65,S/O.A.K.KOCHUNNI,
                       ...       Respondent

2. P.B.A.SALAM, AGED 65, S/O.C.K.BAVA,

3. ERNAKULAM CENTRAL MUSLIM JAMA-ATH,

4. THE MANAGING COMMITTEE,ERNAKULAM CENTRAL

5. THE KERALA STATE WAKF BOARD, REP; BY THE

                For Petitioner  :SRI.T.H.ABDUL AZEEZ

                For Respondent  :SRI.K.A.SHAMSUDEEN

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :18/11/2009

 O R D E R
          P.R.RAMAN & P.R.RAMACHANDRA MENON

                    -------------------------------

                       C.R.P.No. 49 of 2009

                    -------------------------------

               Dated this the 18th November, 2009

                             O R D E R

Raman, J.

This revision is filed against the order granting

interim injunction. When the matter came up for consideration, it

is fairly submitted by the learned counsel appearing for the

revision petitioner that pursuant to the order passed, trial has

already started and concluded. As such, he is not seeking any

order in the revision now filed, except for a clarification that the

observation, if any, made in the order under revision will not

prejudicially affect the right of the parties and untrammelled by

the observation made in the order, the suit shall be decided by

the Tribunal.

2. Heard both sides. It is well settled that while

considering the interim injunction application, the Court is only

concerned with prima facie case and the balance of convenience.

CRP No.49 of 2009

2

As such, none of the observations contained in the order under

revision will prejudicially affect the right of the parties, and the

Wakf Tribunal, Ernakulam, shall dispose of the suit,

untrammelled by any such direction.

C.R.P. is disposed of with the above observation.

P.R.RAMAN, JUDGE

P.R.RAMACHANDRA MENON, JUDGE.

nj.