IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1052 of 2007()
1. M/S.ASYA BAI TRUST,MATTACHERY,KOCHI-2.
... Petitioner
2. M/S.SANANA ISLAMIYA TRUST,MATTACHERRY,
Vs
1. V.H.MUHAMMED RAFEEK,S/O.HAMSA AGED
... Respondent
2. M/S.SEALINE HOTELS PVT.LIMITED,KOCHI,
For Petitioner :SRI.C.K.RAFEEK
For Respondent :SRI.BABU KARUKAPADATH
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/01/2008
O R D E R
KURIAN JOSEPH & HARUN- UL-RASHID,JJ.
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C.R.P.NO.1052 OF 2007
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DATED THIS THE 22ND DAY OF JANUARY, 2008
O R D E R
KURIAN JOSEPH, J.
Petitioners in (W)O.S.No.2/05 on the file of the Wakf Tribunal ,
Ernakulam are the petitioners in this Civil Revision Petition. They are
aggrieved by the judgment dated 16.10.2007 whereby the Wakf Tribunal
rejected the plaint for non-payment of balance court fee. Though the
prayers are vehemently opposed by the respondents, in view of the facts and
circumstances as stated in the memorandum of Civil Revision Petition, we are
satisfied that it is in the interest of justice that an opportunity be given to the
petitioners by enlarging the time for payment of the balance court fee and
prosecute the matter on merits. Accordingly, we set aside the judgment and
decree in (W)O.S.No.2/05 on the file of the Wakf Tribunal, Ernakulam. The
petitioners/plaintiffs may remit the balance court fee on or before
01.02.2008. Thereafter the Wakf Tribunal shall dispose of the matter in
accordance with law expeditiously. It is made clear that in case the balance
court fee is not paid on or before 01.02.2008, the C.R.P. itself will stand
dismissed.
KURIAN JOSEPH, JUDGE.
HARUN- UL-RASHID,JUDGE.
dsn