IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 CRP.No. 44 of 2009(A) --------------------- OS.58/2004 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER(S): DEFENDANT ------------------------------ P.K. ABDUL AZIZ, S/O. HYDROSE, 68 YEARS, SHOP NO. LE 34/305, NOOR MASJID BUILDING, KANNUR -1. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): PLAINTIFFS ------------------------- 1. MASJID NOOR PARIPAINA SANGHAM, REGISTERED NO. SN 444/01, KANNUR BUS STAND, KANNUR-1 REPRESENTED BY ITS PRESIDENT. 2. MASJID NOOR PARIPALANA SANGHAM, REGISTERED NO. SN 444/01, KANNUR BUS STAND, KANNUR-1, REPRESENTED BY ITS SECRETARY BY ADV. SRI.V.RAMKUMAR NAMBIAR FOR R1 & R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R JOSEPH, J. NEITHER THE APPELLANT NOR HIS COUNSEL PRESENT. THIS REVISION PETITION IS ACCORDINGLY DISMISSED FOR DEFAULT. SD/- K.M. JOSEPH, JUDGE SD/- M.L. JOSEPH FRANCIS, JUDGE 10.7.2009 /TRUE COPY/ P.S. TO JUDGE PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ---------------------------- C.R.P.No.44 OF 2009 ----------------------------- Dated this the 12th day of November, 2010 O R D E R ~~~~~~~ P.S.Gopinathan, J. The defendant in O.S.58/2004 on the file of the Wakf Tribunal, Kozhikode, is the revision petitioner. The respondents instituted the above suit before the Wakf Tribunal seeking a decree of eviction with arrears of rent. The Wakf Tribunal, after due trial, decreed the suit. Assailing the above judgment and decree, this revision petition was filed. 2. The suit on hand is covered by the decision of the Apex Court in Ramesh Gobindram v. Surga Humayun Mirza Wakf [2010(3)KLT 862] against the respondents. In the above circumstances, we find that the suit is not maintainable before the Wakf Tribunal and it is to be filed before the civil court. In the circumstances, decree and judgment under challenge are set aside and the case is remanded back to the Tribunal so as to C.R.P.No.44/2009 2 enable the respondents to get the plaint returned and to present the same before the appropriate court. No order as to costs. (PIUS C.KURIAKOSE, JUDGE) (P.S.GOPINATHAN, JUDGE) ps