IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 CRP.No. 206 of 2008() --------------------- AGAINST THE ORDER DATED 23/02/2008 IN IA 64/08 IN WOS.21/2007 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONERS: PETITIONERSPLAINTIFFS ----------------------------- 1. DR.V.K.AMINA ,W/O.SULEIMAN RESIDING AT NAFILA, KALOOR, KOCHI-17 2. M.K.SAYED MOHAMMED,S/O.KOCHUNNY MANNANTHARA HOUSE, S.R.M.ROAD, KOCHI-12. BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.M.AHAMED KUNJU RESPONDENTS/RESPONDENTS/DEFENDANTS ------------- 1. M/S.COCHIN ISLAMIC WELFARE TRUST REPRESEBTED BY ITS CHAIRMAN P.K..HASHIM HAJI, S/O.ABDUL REHMAN, HOUSE NO.39/515, BONANZA, ARENGATH CROSS ROAD,PULLEPADY, ERNAKULAM. 2. P.K.HASHIM HAJI,S/O.ABDUL REHMAN HOUSE NO.39/515, BONANZA, ARENGATH CROSS ROAD,PULLEPADY, ERNAKULAM. BY ADVS. SRI.C.S.ABDUL SAMMAD SRI.T.U.ZIYAD THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- C.R.P.NO. 206 OF 2008 ---------------------------------------------------------------- Dated this the 27th day of March, 2008 O R D E R Kurian Joseph, J. This revision petition is filed against the order in I.A. No.64 of 2008 in W.O.S. No.21 of 2007 on the file of the Wakf Tribunal, Ernakulam. Though the learned counsel appearing for the revision petitioners vehemently contended attacking the order on merits, we do not find it necessary to go into those contentions since the suit itself is pending. 2. Basically, the apprehension seems to be that the Tribunal will be influenced by the observations and findings in the interim order, while disposing of the suit or any other proceedings.. We do not think that there is any basis for such an apprehension. Those observations and findings are only for the purposes of the order in the said interlocutory application. Any how, by way of abundant caution, we hold that the observations and findings in the interim order challenged in this revision petition shall not have any bearing on the disposal of the suit or any other proceedings. Those shall be independently decided untrammelled by any of the C.R.P.NO. 206/2008 2 observations and findings in the interim order. 3. Learned counsel appearing for the respondents also vehemently submitted that the suit as well as the Civil Revision Petition are not maintainable. Since the suit itself is pending before the Tribunal, it will be open to both sides to take up all available contentions before the Tribunal. The Civil Revision Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO. 206/2008 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. C.R.P.NO.206/2008 O R D E R 27TH MARCH, 2008