Madras High Court
K.M.Muhaideen vs M.Diwan Pakkir Mohideen on 21 July, 2023
CRP(MD).No.2329 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
CRP(NPD)(MD).No.2329 of 2012 and
MP(MD).Nos.1 of 2012 and 2013
K.M.Muhaideen
(name of the petitioner is substituted
vide Court order, dated 14.07.2023 made in
CMP(MD).No.8544 of 2023 in
CRP(MD).No.2329 of 2012) .. Petitioner
Vs
M.Diwan Pakkir Mohideen .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India to set aside the Judgment and Decree, dated
24.07.2012 passed in O.S.No.197 of 2006 on the file of the Wakf Tribunal
(Principal Sub court), Thirunelveli.
For Petitioner : Mr.D. Nallathambi
For Respondent : Mr. M.P. Senthil
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CRP(MD).No.2329 of 2012
ORDER
The present revision has been filed by the defendant in
O.S.No.197 of 2006 on the file of the Wakf Tribunal (Principal Sub Court,
Thirunelveli). The respondent herein as plaintiff had filed a suit in
O.S.No.181 of 2003 on the file of the Principal District Munsif Court,
Thirunelveli for the relief of permanent injunction restraining the
defendant and other members of the defendant Pallivasal from interfering
with the peaceful possession and enjoyment of the scheduled land and the
school run by the plaintiff's Jamath.
2. The Trial Court after considering the submissions on either
side dismissed the suit on 21.03.2005. The plaintiff had filed A.S.No.141
of 2005 before the II Additional Sub Court, Thirunelveli. The First
Appellate Court had found that the issue relates to the Wakf Property and
therefore, Wakf Tribunal alone has got jurisdiction to entertain such suit.
After arriving at such a finding, the First Appellate Court remanded the
matter to the trial Court for passing appropriate orders. The trial Court after
remand, passed a detailed order returning the plaint under Order 7 Rule 10
CPC. Thereafter, the plaintiff has chosen to file plaint before the Wakf
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CRP(MD).No.2329 of 2012
Tribunal (Principal Sub Court, Thirunelveli). The suit was re-numbered as
O.S.No.197 of 2006.
3. After remand, the oral and documentary evidence were
recorded afresh before the Wakf Tribunal. Thereafter, the Tribunal arrived
at finding that the land and school belong to the plaintiff's Pallivasal and
decreed the suit as prayed for. Challenging the said order, the present
revision has been filed by the defendant / Pallivasal.
4. According to the learned counsel for the revision
petitioner / defendant in the suit, the Wakf Tribunal granted decree for
permanent injunction as against the members of the respondent Pallivasal
except with regard to the fact that they can worship in the plaintiff's
Dhurga.
5. The learned counsel appearing for the revision petitioner /
defendant in the suit in O.S.No.197 of 2006 has contended that taking
advantage of the decree passed by the Wakf Tribunal, the plaintiff's
Pallivasal is refusing to admit the students belonging to the defendant
Pallivasal. It is the only grievance that is ventilated by the petitioner
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CRP(MD).No.2329 of 2012
counsel before this Court in the revision.
6. The learned counsel appearing for the respondent / plaintiff,
on instructions, submits that already the children belonging to the members
of the revision petitioner / pallivasal have been admitted and they are
studying in the school. They further undertake that they will not have any
objection for admitting the children of the defendant Pallivasal in the
plaintiff Pallivasal school. The said undertaking is recorded. Since the
only grievance of the defendant is that the children has been satisfied no
further orders are required in the present revision.
7. Recording the said undertaking, this Civil Revision Petition
stands closed. No costs. Consequently, the connected Miscellaneous
Petition is closed.
21.07.2023
Index: Yes/No
Internet : Yes/No
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https://www.mhc.tn.gov.in/judis
CRP(MD).No.2329 of 2012
To
The Wakf Tribunal (Principal Sub court), Thirunelveli.
https://www.mhc.tn.gov.in/judis
CRP(MD).No.2329 of 2012
R.VIJAYAKUMAR, J.
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CRP(NPD)(MD).No.2329 of 2012 and
MP(MD).Nos.1 of 2012 and 2013
21.07.2023
https://www.mhc.tn.gov.in/judis
