Maniyamma vs Thalayindavita Ibrahim Haji
2021 Latest Caselaw 15955 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                        RP NO. 1044 OF 2019 (D)
    AGAINST THE JUDGMENT IN RSA 1158/2003 OF HIGH COURT OF KERALA
REVIEW PETITIONERS (R2 TO R8 IN RSA - Lrs OF R1) R1 IN RSA DIED:

     1       MANIYAMMA, AGED 81 YEARS, W/o LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

     2       MOIDU, AGED 50 YEARS, S/O LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

     3       ABDULLA, AGED 47 YEARS, S/O LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

     4       SOOPI, AGED 44 YEARS, S/o LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

     5       ISMAIL, AGED 41 YEARS, S/o LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

     6       ASYA, AGED 39 YEARS, S/o LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

     7       JAMEELA, AGED 36 YEARS, D/o LATE MAMMAD,
             R/AT KOODATHANKANDY HOUSE, EDACHERY P.O.,
             KOZHIKODE DISTRICT,PIN-673 502

             BY ADVS. K.JAYESH MOHANKUMAR
                      SRI.PUSHPARAJAN KODOTH
 R.P.No.1044 of 2019                 2




RESPONDENT - (APPELLANT IN RSA):

               THALAYINDAVITA IBRAHIM HAJI, AGED 60 YEARS,
               S/o KUNHAMMAD, SECRETARY, RIFAYEE COMMITTEE,
               EDACHERI AMSOM AND DESOM, P.O.EDACHERI,
               KOZHIKODE DISTRICT,PIN-673 502

               BY ADVS. SMT.SREEJA SOHAN K.
                        SMT.R.REJI (ATTINGAL)
                        SHRI.ATUL SOHAN




      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.08.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P.No.1044 of 2019                  3




                                   ORDER

It was brought to the notice of this Court that the

suit in question was instituted even prior to the

commencement of Act 43 of 1995 and that there is no

provision in the Act to deal with any pending suit. The

Act has no retrospective effect. Hence, it was submitted

that the direction to return the plaint for consideration

by the Wakf Tribunal constituted under the Act cannot be

sustained. Inter alia, it was fairly conceded that the

said question was not taken up or brought to the notice of

this Court at the time of disposal of the appeal. But, it

is a matter pertaining to jurisdiction of the Court and the

Wakf Tribunal and hence the omission, if any, may not have

much significance and it would not justify the failure on

the part of this court. Hence, there is a material omission

and the same would constitute sufficient reason to review

the earlier judgment. The earlier judgment is reviewed and

recalled for the said reason. Post the appeal for final

hearing as per roster.

Sd/-

P.SOMARAJAN JUDGE

DMR/-