Kerala High Court
A.V. Abdu Rahiman Musliyar vs Khabaristan Samrakshana Samithi on 11 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
2024:KER:83973
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
OP (WAKF) NO. 27 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 06.06.2024 IN OS NO.119 OF
2022 OF WAKF TRIBUNAL, KOZHIKODE
PETITIONERS/DEFENDANTS 1 & 3 :-
1 A.V. ABDU RAHIMAN MUSLIYAR, AGED 77 YEARS
S/O. ABULLA,VANMUKHAM AMSOM,
VEEMANGALAMDESOM,NADHI.P.O.,KADALOOR,
KOYILANDYTALUK,KOZHIKODE DISTRICT, PIN - 673531
2 NANDHI DARUSSALAM ARABIC COLLEGE COMMITTEE,
REPRESENTED BY GENERAL SECRETARY,
A.V. ABDU RAHIMAN MUSLIYAR, VANMUKHAM
AMSOM,VEEMANGALAM DESOM,NADHI.P.O. KADALOOR,
KOYILANDYTALUK, KOZHIKODE DISTRICT, PIN - 673531
BY ADVS.
M.PROMODH KUMAR
MAYA CHANDRAN
RESPONDENTS/PLAINTIFFS & DEFENDANT NO.2 :-
1 KHABARISTAN SAMRAKSHANA SAMITHI,
MAIDANI VALAPPU,PANTHALAYANI AMSOM DESOM,KOYILANDY
TALUK, KOZHIKODE DISTRICT, REPRESENTED BY ITS
GENERALSECRETARY, JAFFER A.M.P, PIN - 673305
2 JAFFER. A.M.P, AGED 52 YEARS
S/O HAMSA, GENERAL SECRETARY, KHABARISTAN
SAMRAKSHANA SAMITHI, THOUHEEDH HOUSE, PANTHALAYANI
AMSOM DESOM, KOYILANDYTALUK,
KOZHIKODE DISTRICT, PIN - 673305
OP (WAKF) NO. 27 OF 2024
2
2024:KER:83973
3 ABDU RAHIMAN B.V, AGED 54 YEARS
S/O HAMSA, PRESIDENT, KHABARISTAN SAMRAKSHANA
SAMITHI, MAHIMA HOUSE, PANTHALAYANI AMSOM DESOM,
KOYILANDYTALUK, KOZHIKODE DISTRICT, PIN - 673305
4 KERALA STATE WAQF BOARD,
V.I.P. ROAD KALOOR, KOCHI, ERNAKULAM
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
PIN - 682017
BY ADV N.S.REHNA
SRI. JAMSHEED HAFIZ- SC
THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 11.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (WAKF) NO. 27 OF 2024
3
2024:KER:83973
JUDGMENT
AMIT RAWAL,J
1. Petitioners, who are defendant Nos.1 and 3 in O.S. No.
119 of 2022 pending before the WAKF Tribunal, Kozhikode
challenging the settlement deed and also the appointment of
receiver, have approached this Court seeking the following reliefs :-
"(a) Set aside Ext.P6 order dated 06.06.2024 in
O.S.No.119/2022 of Waqf Tribunal, Kozhikode to the
extent of marking of Exts.A2 to A4 therein and direct
the Tribunal to delete the marking given as Exts.A2 to
A4 in the documents referred to in Ext.P5 in the
interest of the justice.
(b) Issue such other orders or directions as this
Hon'ble Court deems fit and proper in the facts and
circumstances of the case."
2. During the course of the hearing, respondents/plaintiffs
had placed on record the following documents marked as A1 to A7,
extracted hereunder :-
Sl. Date Who To Whom Document Remarks
No. Information
1 08-11-2022 Kozhikode Counsel for A Document
Archives Section the Plaintiff stating the name
Superintendent and information of
the Inamdar
(Owner)of the Waqf
property
2 07-11-2023 The first Before the Certified copy of
OP (WAKF) NO. 27 OF 2024
2024:KER:83973
accused in the Hon'ble the statement
above number Waqf given by the
case Tribunal plaintiff before the
Hon'ble Waqf
Tribunal in Case
3 09-01.2024 Advocate Before the Certified copy of
Commissioner Hon'ble statement of
in Case No. Waqf Advocate
WOs 74/2022 Tribunal Commissioner
before the Hon'ble
Waqf Tribunal in
Case No. WOS
4 20-02-2024 Witness of Before the Certified copy of
Plaintiff side in Hon'ble the statement
Case No. WOS Waqf given by the
74/2022 Tribunal plaintiff side
witness before the
Hon'ble Waqf
Tribunal in Case
5 30-01-2024 Koilandi Khabarstha Certified copy of
Muncipality n the original
Conservatio produced before
n the Hon'ble Waqf
Committee Tribunal in Case
6 05-12-2023 Kollandi 3rd Certified copy of
Muncipality Defendant original produced
before the Hon'ble
Wagf Tribunal
regarding the
conversion of the
buliding into UAC
issued to the third
respondent by the
Koilandi
Municipality in the
above case
OP (WAKF) NO. 27 OF 2024
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7 CD containing
photo and video
proving that the
plaint schedule
property is
Khabarsthan and
the events leading
to the plaint no.
3. Learned counsel appearing for the petitioners submitted
that the Advocate Commissioner has taken the documents without
noting the objections of the petitioners qua mode of proof and
admissibility . It is in that background the present Original Petition
has been filed.
4. Counsel for the respondent submitted that they are all
certified copies and can be admitted in evidence as per the
provisions of Indian Evidence Act.
5. We have heard the counsel for the parties and appraised
the paper book.
6. The operative portion of the impugned order dated
06.06.2024 reads as under :-
"Exhibit A1 to A7 marked. Adv.Muhammed Suhail Thangal is
appointed as Advocate Commissioner to examine PW1. Pay
batta of Rs.3000/- directly to commissioner. Await
commission report 24.06.2024."
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7. We are of the view that objection of the defendants qua
admissibility and mode of proof has not been taken. Provisions of
CPC are also applicable to the proceedings in original suit pending
and decided by the WAKF Tribunal. Thus, we modify the order under
challenge by holding that the execution of the documents A1 to A7
shall be subject to the mode of proof and admissibility to be decided
at the final stage of the suit.
Original Petition stands disposed of with the
aforementioned directions.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
SMA
OP (WAKF) NO. 27 OF 2024
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APPENDIX OF OP (WAKF) 27/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN .O.S.
NO.119/2022 OF WAQF TRIBUNAL KOZHIKODE
DATED 23-01-2024, ALONG WITH ITS TRUE
ENGLISH TRANSLATION.
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT OF THE
1ST PETITIONER IN.O.S. NO.119/2022 OF WAQF
TRIBUNAL KOZHIKODE DATED 17-04-2023, ALONG
WITH ITS TRUE ENGLISH TRANSLATION.
Exhibit P3 TRUE COPY OF THE 2ND PETITIONER WRITTEN
STATEMENT DATED 26-02-2024 IN .O.S.
NO.119/2022 OF WAQF TRIBUNAL KOZHIKODE ,
ALONG WITH ITS TRUE ENGLISH TRANSLATION.
Exhibit P4 TRUE COPY OF THE CHIEF AFFIDAVIT FILED BY
THE 2ND RESPONDENT IN O.S. NO.119/2022 OF
WAQF TRIBUNAL KOZHIKODE OF WAQF TRIBUNAL
KOZHIKODE, ALONG WITH ITS TRUE ENGLISH
TRANSLATION DATED 24/04/2024
Exhibit P5 THE CERTIFIED COPY OF THE PROCEEDINGS IN
O.S. NO.119/2022 OF WAQF TRIBUNAL
KOZHIKODE
Exhibit P6 THE TRUE TYPE WRITTEN COPY OF THE ORDER
DATED 06.06.2024 IN O.S. NO.119/2022 OF
WAQF TRIBUNAL KOZHIKODE EXTRACTED FROM
EXHIBIT P5.
