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K.K.HAMSA, S/O.ABOOBACKER, KUNDUKUNDAN versus PATHUMMA, W/O.THEKKEKARA KUNHALI

High Court of Kerala

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K.K.HAMSA, S/O.ABOOBACKER, KUNDUKUNDAN v. PATHUMMA, W/O.THEKKEKARA KUNHALI - FAO No. 137 of 2007 [2007] RD-KL 8726 (28 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 137 of 2007()

1. K.K.HAMSA, S/O.ABOOBACKER, KUNDUKUNDAN
... Petitioner

2. T.ASHRAF, S/O.ALI, THAYYIL HOUSE,

3. P.ZAKIR HUSSAIN, S/O.HAMZA,

4. K.P.SHERIEF, S/O.HAMZA, KALIPPADAN HOUSE

Vs

1. PATHUMMA, W/O.THEKKEKARA KUNHALI,
... Respondent

2. KUNHALAM MOHAMMEDALI, S/O.KUNHALI,

3. ABDUL JALEEL, S/O.MUHAMMED,

4. V.ALI, S/O.KAMMAD, VADAKKETHIL HOUSE,

5. ZAKIR HUSSAIN FAIZI, S/O.MOHAMMED,

For Petitioner :SRI.DINESH R.SHENOY

For Respondent : No Appearance

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :28/05/2007

O R D E R

K.PADMANABHAN NAIR, JUDGE.


=====================
F.A.O. No. 137 OF 2007

Dated this the 28th day of May, 2007


========================


JUDGMENT

This appeal is filed against an order passed by the Wakf Tribunal dismissing a petition filed by the appellants under Order I Rule 1 and Section 151 of Code of Civil Procedure, for an order of temporary injunction. The dispute in the suit is regarding the Friday prayer to be offered in Valambur Puthiya Juma-ath palli. One group insisted that the prayer should be in Arabic where as the another group insisted for it in Malayalam. The appellant filed this suit for a declaration that since the mosque belong to Sunni group, the Kuthuba prayer can be offered in Arabic and not in Malayalam. The contention of the appellant is that the contesting respondents are trying to induct Mujahideen groups also for worship in the mosque and those persons are insisting that the prayer is to be performed in Malayalam. As per the Interim Order, the court below held that proceedings were initiated by the Sub Divisional Magistrate under Section 144 of Cr.P.C. in respect of the same mosque and orders were passed. That order was challenged before this court in Cr.R.P.1056/04 and in that proceedings, this court made interim arrangements to the effect that the existing practice shall be followed unless and until the matter is resolved by a competent civil court. Now the case put forward by the appellant is that there was an earlier suit as O.S.273/94, in which the competent court had found that Kuthuba prayer in this particular F.A.O. No. 137 OF 2007 2 mosque can be offered only in Arabic. That decree was challenged in A.S. 139/1977 before the Sub Court, Manjeri, and the appeal also dismissed. It is long after that 144 proceedings were initiated and interim arrangements was made by this court. The Wakf Tribunal had noted that the parties had filed written statements. So I do not find any reason to alter the status quo prevailing, in view of the direction issued by this court in Cr.R.P before adjudication of the dispute in that suit. So I am of the view that the proper course open to me is to direct the trial court to dispose of the suit within a time frame. In the result the F.A.O is dismissed. The trial court is directed to dispose of the suit as expeditiously as possible at any rate within four months from the date of receipt of a copy of this judgment. K.PADMANABHAN NAIR

JUDGE.

bkn


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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