IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 CRP.No. 994 of 2007() --------------------- AGAINST THE ORDER DATED 27/09/2007 IN IA.908/2007 IN OS.34/2007 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER: IST RESPONDENT/IST DEFENDANT ---------------------------------------------- PADANNAYIL BALAKRISHNAN, S/O.KUNJAKKAN, AGED 62 YEARS, PADANNAYIL HOUSE, VATAKARA AMSOM AND DESOM, VATAKARA. BY ADVS. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR RESPONDENTS/PETITIONERS AND RESPONDENTS 2 & 3/ PLAINTIFFS & DEFENDANTS 2 AND 3: ------------- 1. PADINJARE PALLIVEEDU THARAVADU, WAKF, REPRESENTED BY V.KNJEEVI, AGED 86 YEARS, D/O.ABDUL KHADER BARAMI, BARAMI VALIYAKAM, NAGARAM AMSOM, KOZHIKODE. 2. P.V.ABDULLA KOYA, S/O.C.P.KUNJAHAMMED, AGED 67 YEARS, 9B, SKYLINE, SEAWIND APARTMENT, NAGARAM AMSOM, KOZHIKODE. 3. V.KRISHNA KUMAR, AGED 47 YEARS, S/O.KORAPPAN, 21/1325 (NEW) KARIPPALLI THAZHEKUNI, MADHAVI NIVAS, VATAKARA TALUK. 4. KERALA WAKF BOARD REPRESENTED BY CHIEF EXECUTIVE OFFICER, WAKF BOARD OFFICE, KALOOR, KOCHI. BY ADVS. SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD SRI.AVM.SALAHUDIN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2839 OF 2007 IN C.R.P. NO.994 OF 2007. CLOSED 18.1.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- C.R.P.NO. 994 OF 2007 ---------------------------------------------------------------- Dated this the 18th day of January, 2008 O R D E R Kurian Joseph, J. This Civil Revision Petition is filed aggrieved by the order dated 27.9.2007 in I.A. No.908 of 2007 in O.S. No.34 of 2007 on the file of the Wakf Tribunal, Kozhikode. The revision petitioner is the first respondent/first defendant. The application is filed under Order XXXIX Rule 1 C.P.C. After an elaborate discussion on the entire factual background of the case, the Tribunal as per the impugned order made absolute the ad interim order of injunction already granted. 2. When the matter came up admission, by order dated 16.11.2007 in I.A. No.2839 of 2007, we directed the parties to maintain status quo with regard to possession of the property under dispute. Learned counsel appearing for respondents 1 and 2, the affected parties, submits that maintaining the interim order passed by this Court, a direction may be issued to dispose of the suit expeditiously. Having regard to the facts and circumstances of the case, we are of the view that the C.R.P. itself can be C.R.P.NO.994/2007 2 disposed of with the following directions: (i) The Tribunal shall dispose of O.S. No.34 of 2007 within a period of six months from the date of production of a copy of this order by either party. (ii) The Tribunal shall dispose of the suit untrammelled by the observations and findings in the impugned order. (iii) The interim order dated 16.11.2007 in I.A. No.2839 of 2007 passed by this Court will continue till the disposal of the suit. (iv) We make it clear that in view of the order as above, we have not considered the matter on merits and the entire contentions are left open. The Civil Revision Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.994/2007 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 18th JANUARY, 2008 C.R.P.NO.994/2007 4 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 18th JANUARY, 2008