Moideenkutty N. vs P.P.Unneenkutty Moulavi
2021 Latest Caselaw 1488 Ker

CRP (wakf) No.1 of 2021         1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR.JUSTICE S.V.BHATTI

                                    &

           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                          CRP(WAKF).No.1 OF 2021

AGAINST THE ORDER IN I.A.No.1929/2019 IN OS No.199/2019 OF WAKF
                      TRIBUNAL, KOZHIKODE


PETITIONERS:

       1       MOIDEENKUTTY N.,AGED 78 YEARS
               S/O.ALAVI, NHELIYATH HOUSE, PULAMANTHOL AMSOM &
               DESOM, PUALMANTHOL P.O., MALAPPURAM DIST.,
               PIN - 679 323.

       2       BEERAN MOULAVEI P.,AGED 62 YEARS
               S/O.MOHAMMEDKUTTY, PALOLI HOUSE, KURUVAMABALAM
               AMSOM AND DESOM, VALPPURAM P.O., MALAPPURM DIST.,
               PIN - 679 323.

       3       KUNHIMUHAMMED, AGED 38 YEARS
               S/O.THEKKETHIL KUNHIMOIDEEN, PULAMANTHOL AMSOM AND
               DESOM, PUALMANTHOL P.O., PERINTHALMANNA, MALAPPURAM
               DIST., PIN - 679 323.

       4       SHABEER ALI, AGED 39 YEARS
               S/O.KIZHAKKETHIL MOIDEEN, PULAMANTHOL AMSOM AND
               DESOM, PUALMANTHOL P.O., PERINTHALMANNA, MALAPPURAM
               DIST., PIN - 679 323.

               BY ADVS.
               SRI.P.A.ABDUL JABBAR
               SRI.MUHAMMED SHAFFI
               SRI.SHAHIM BIN AZIZ

RESPONDENTS/RESPONDENTS:

       1       P.P.UNNEENKUTTY MOULAVI, AGED 68 YEARS
               GENERAL SECRETARY, KERALA NADUVATHUL MUJAHIDEEN (A
               SOCIETY REGISTERED UNDER THE PROVISIONS OF
               SOCIETIES REGISTRATION ACT, 21 OF 1860), MUJAHID
               CENTRE, NEW BLOCK, 5TH FLOOR, C.D.TOWER,
               ARAYIDATHUPALAM, CALICUT - 4, KOZHIKODE DISTRICT.
 CRP (wakf) No.1 of 2021       2



       2       P.T.ALI,AGED 50 YEARS
               S/O.MUHAMMED, PANGITHODI HOUSE, PALOOR PULAMANTHOL
               AMSOM AND DESOM, PULAMANTHOL, P.O.PERINTHALMANNA,
               THE SECRETARY, KERALA NADUVATHUL MUJAHIDEEN
               PULAMANTHOL PRADESIKA SAMITHI (LOCAL UNIT).

       3       THE KERALA STATE WAQF BOARD
               REP. BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
               KALOOR, KOCHI - 682017.


OTHER PRESENT:

               SC SHIRAZ BAVA FOR SAIDALAKUTTY T. K.

     THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION           ON
14.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                             JUDGMENT

Dated this the 14th day of January 2021

Defendants 1 to 4 in O.S.No.199 of 2019 before the Wakf

Tribunal, Kozhikode are the petitioners. The petitioners filed

I.A.No.1929 of 2019 under Section 10 of the Civil Procedure Code

praying for stay of O.S.No.199 of 2019. The reasons stated by the

petitioners in the application that an anterior suit concerning the

subject matter is pending in O.S.No.823 of 2014. O.S.No.823 of

2014 is a suit challenging election held in 2014 and A.S.No.173 of

2015 is pending in respect of the same subject institution. The

Tribunal through order dated 8.12.2020, not being satisfied with the

reasons, rejected the prayers of petitioner for staying O.S.No.199 of

2019. Hence the revision.

Advocate for petitioners by reading out the affidavit filed along

with I.A.No.1929 of 2019 argued that the stay prayed for by the

petitioners ought to have been granted for all ingredients of Sec.10 of

CP are satisfied. The order of the Wakf Tribunal is brief but refers to

the facts which have bearing on granting stay of the suit filed

subsequent in point of time. We are convinced that the order

under revision does not warrant interference by this Court.

Revision fails. Dismissed accordingly. No order as to costs.

Sd/-

S.V.BHATTI

JUDGE

Sd/-

BECHU KURIAN THOMAS

JUDGE

Css/