IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 735 of 2004()
1. KADAKKULATH KUNHALIKUTTY, S/O. KUTTIALI,
... Petitioner
Vs
1. SAMASTHA KERALA SUNNI YVAJANA SANGHAM
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :SRI.SUNNY MATHEW
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :30/09/2010
O R D E R
PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ.
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C.R.P.No. 735 OF 2004
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Dated this the 30th day of September, 2010
O R D E R
Pius C.Kuriakose, J.
This revision under Section 83(9) of the Wakf Act is
directed against the judgment and decree of the Wakf Tribunal
allowing recovery of possession of building to the
respondent/plaintiff. We notice the judgment of the Supreme
Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf
(2010 (3) KLT 862)(SC). We are convinced that as laid down in
that decision, the Wakf Tribunal did not have jurisdiction over
the suit in question.
We allow the CRP and set aside the judgment and decree
under revision. The suit O.S.No.11/2002 is dismissed as
withdrawn with liberty to institute a fresh suit on the same cause
of action before the competent court.
PIUS C.KURIAKOSE,JUDGE
P.S.GOPINATHAN, JUDGE
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