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V.ABDUL AZEEZ, S/O.ALAVI versus M.P.FATHIMA, D/O.PUTHIYEDATH MOIDEEN

High Court of Kerala

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V.ABDUL AZEEZ, S/O.ALAVI v. M.P.FATHIMA, D/O.PUTHIYEDATH MOIDEEN - WP(C) No. 19990 of 2004(D) [2007] RD-KL 11053 (22 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19990 of 2004(D)

1. V.ABDUL AZEEZ, S/O.ALAVI,
... Petitioner

2. K.ASHRAF, S/O.ALAVIKUTTY,

Vs

1. M.P.FATHIMA, D/O.PUTHIYEDATH MOIDEEN
... Respondent

2. ISHA ATHUL ISLAM TRUST REPRESENTED

3. MANJERI MUNICIPALITY, REPRESENTED

For Petitioner :SRI.THOMAS ANTONY

For Respondent :SRI.C.KHALID

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :22/06/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 19990 OF 2004

Dated this the 22nd day of June, 2007.



J U D G M E N T

Petitioners are aggrieved by Exhibits P3 and P5 orders passed by the Munsiff Court, Manjeri. On a dispute touching a Wakf property, the Munsiff Court holding that it does not have jurisdiction directed that the plaint should be presented before the Wakf Tribunal. Review was attempted on the ground that parties had not made an endorsement, regarding the jurisdiction. Whether there is endorsement or not, under Section 83 of the Wakf Act, any dispute touching on the Wakf property is to be adjudicated by the Wakf Tribunal.

2. The dispute appears to be that the petitioners had allegedly conceded that the property in dispute is a Wakf property. That according to the petitioners is not correct. Whether they have conceded or not, it is the matter in issue. For adjudication of the dispute by the Tribunal, that finding is vacated. In case the plaint is presented before the Wakf Tribunal within one month from today, the same shall be treated to have been presented in time. This writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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