IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 338 of 2006()
1. SALAFI TRUST, MATTANCHERI,
... Petitioner
2. A.K.BABU, SON OF KOCHU BAVA,
Vs
1. P.NAZEER, S/O.PAKIR RAWTHER,
... Respondent
For Petitioner :SRI.AZAD BABU
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :29/09/2010
O R D E R
PIUS C. KURIAKOSE & P.S.GOPINATHAN, JJ.
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CRP. Nos. 338 & 339 of 2006
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Dated this the 29th day of September, 2010
O R D E R
Gopinathan, J.
Revision petitions are filed against a common
judgment of the Wakf Tribunal, Kollam, whereby the suit
O.S.10/04 which was tried along with OS. 9/04 was
dismissed and OS.9/04 decreed in part. Sri.
Hariharaputhran, learned counsel for the common revision
petitioners submitted that in the light of the decision of the
Apex Court in Ramesh Gobindram v.Sugra Humayun Mirza
Wakf, 2010(3) KLT 862 (SC) the suit is not maintainable
before the Wakf Tribunal. The learned counsel, Sri. Khalid
appearing for the respondents also conceded that in the
light of the decision of the Apex Court (supra) the Wakf
Tribunal has no jurisdiction to entertain the suit. In the light
of the above statements we set aside the judgment
impugned and remit the suits to the Wakf Tribunal so as to
-2-
enable the parties to apply for return of the plaints and filing
the same before the competent court or for appropriate
steps, if any, as they so choose. No costs.
(PIUS C.KURIAKOSE, JUDGE)
(P.S.GOPINATHAN, JUDGE)
ksv/-