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
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C.R.P.No. 49 of 2009
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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.