IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 RP.No. 1065 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN CRP.86/2008 Dated 11/10/2010 .................... REVIEW PETITIONER(S): R1-3 IN REVISION PETITION/PLAINTIFFS IN THE SUIT ------------------------------------------------- 1. HAMZA, S/O.POOKAYIUL AYINTHROOSE, THIRURANGADI TALUK, VALAKULAM AMSOM DESOM, P.O.PUTHUPRAMBA, VIA EDARIKODE-676501. 2. POOKAYIL MOHAMMED, S/O.POOKAYIUL AYINTHROOSE, THIRURANGADI TALUK, VALAKULAM AMSOM DESOM, P.O.PUTHUPRAMBA, VIA EDARIKODE-676501. 3. POOKAYIL KADEEJA, D/O.POOKAYIUL AYINTHROOSE, THIRURANGADI TALUK, VALAKULAM AMSOM DESOM, P.O.PUTHUPRAMBA, VIA EDARIKODE-676501. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): R4-9/DEFENDANTS IN THE SUIT ------------------------------------------ 1. PUTHUPARAMBA JAMA-ATH PALLI COMMITTEE, REPRESENTED BY SECRETARY EDAKKANDATHIL POKKU, S/O.ABDULLAKUTTY, P.O.PUTHUPARAMBA, EDARIKODE, THIRURANGADI TALUK, VALAKKULAM AMSOM DESOM.676501 2. HIATHUL ISLAM SANGH, PUTHUPARAMBA JAMA- ATH PALLI COMMITTEE (MISAKENLY SHOWN AS VIYATHUL ISLAM SANGHAM IN THE CAUSE TITLE), REPRESENTED BY ITS SECRETARY, TIRUR TALUK, VALAKULAM AMSOM DESOM.676501 3. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NOW HAVING OFFICE AT V.I.P.ROAD, NEAR INTERNATIONAL STADIUM, KALOOR, ERNAKULAM.682018 4. V.SAIDALAVI HAJI, S/O.AHAMMED HAJI, VADAKKAN HOUSE, PARUMANNA KLARI, P.O.VALAKULAM-676508. 5. KUNJEETHUTTY HAJI, S/O.AHAMMED HAJI, VADAKKAN HOUSE, PARUMANNA KLARI, P.O.VALAKULAM-676508. 6. V.AYAMMAD HAJI (ACTUAL NAME MOHAMMED) S/O.AHAMMED HAJI, VADAKKAN HOUSE, PARUMANNA KLARI, P.O.VALAKULAM-676508. 7. V.MAMMATHUTTY, W/O.ALAVI, NEELANGATH HOUSE, P.O.CHERUMUKKU, VIA THIRURANGADI676509 8. V.BEERAN, VADAKKAN HOUSE, PERUMANNA KLARI, P.O.VALAKULAM-676508. 9. V.KHADEEJA, W/O.KUNHALIKUTTY, KARUVANTHODI HOUSE, P.O.MEENADATHUR, VIA TANALUR-676307. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ R.P.No. 1065 OF 2010 in C.R.P. No.86 of 2008 ------------------------ Dated this the 26th day of November, 2010 O R D E R Pius C.Kuriakose, J. The review petition is allowed to the extent of clarifying that our observation, that the suit is one for partition of property which is admittedly the Wakf property, is not correct. In fact, the contention of the plaintiff/review petitioner was that the property is not Wakf property. It is that contention which was upheld by the Tribunal. Since such a contention has been upheld by the Tribunal in a suit filed by the review petitioner, it is open to the review petitioner to institute a fresh suit on the same cause of action as already permitted by us under our order. The time of two months granted under our order dated 11/10/2010 in CRP No.86/2008 will stand extended by two months from today. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk