IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 CRP.No. 49 of 2009() -------------------- AGAINST THE ORDER DATED 31/12/2008 IN IA.274/2008 IN WOS.27/2008 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONER(S): 1ST RESPONDENT --------------------------- MOIDEEN KUTTY, AGED 78 YRS, S/O.MOHAMMED, ALUNKAPARAMBIL,PULLEPADY, ERNAKULAM, KOCHI-35. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): PETITIONERS AND RESPONDENTS 2,3 & 4 --------------------- 1. A.K.BAVA,AGED 65,S/O.A.K.KOCHUNNI, ANJIKAPADAM HOUSE, C.P.UMMER ROAD, ERNAKULAM. 2. P.B.A.SALAM, AGED 65, S/O.C.K.BAVA, PARAKKAT HOUSE, BEHIND PADMA THEATRE, JEW STREET, ERNAKULAM. 3. ERNAKULAM CENTRAL MUSLIM JAMA-ATH, JEW STREET, ERNAKULAM REPRESENTED BY ITS SECRETARY. 4. THE MANAGING COMMITTEE,ERNAKULAM CENTRAL MUSLIM JAMA-ATH, JEW STREET, ERNAKULAM. 5. THE KERALA STATE WAKF BOARD, REP; BY THE CHIEF EXECUTIVE OFFICER, ERNAKULAM, KOCHI-18. BY ADV. SRI.K.A.SHAMSUDEEN FOR R1-2 SRI.K.I.ABDUL RASHEED FOR R1-2 SRI.P.A.ABDUL JABBAR FOR R3,4 SRI.C.K.RAFEEK FOR R3,4 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R5 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- C.R.P.No. 49 of 2009 ------------------------------- Dated this the 18th November, 2009 O R D E R Raman, J. This revision is filed against the order granting interim injunction. When the matter came up for consideration, it is fairly submitted by the learned counsel appearing for the revision petitioner that pursuant to the order passed, trial has already started and concluded. As such, he is not seeking any order in the revision now filed, except for a clarification that the observation, if any, made in the order under revision will not prejudicially affect the right of the parties and untrammelled by the observation made in the order, the suit shall be decided by the Tribunal. 2. Heard both sides. It is well settled that while considering the interim injunction application, the Court is only concerned with prima facie case and the balance of convenience. CRP No.49 of 2009 2 As such, none of the observations contained in the order under revision will prejudicially affect the right of the parties, and the Wakf Tribunal, Ernakulam, shall dispose of the suit, untrammelled by any such direction. C.R.P. is disposed of with the above observation. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.