IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 CRP.No. 298 of 2008(B) WOS.12/2002 of WAKF TRIBUNAL, ERNAKULAM DATED 4/5/2007 ---------------------------------- REVN. PETITIONERS/DEFENDANTS 1. CHITTOOR MUSLIM JUMA-ATH, REPRESENTED BY HAJI P.MOHAMMED IBRAHIM, SON OF PICHA RAWTHAR, V.P.R.MANZIL, NANDAPALLAM, CHITTOR. 2. T.A.MOHAMMED IBRAHIM, SON OF ABDUL KHADER, HOUSE NO.14/125, PUTHENTHARA, DEVANKAPURAM, CHITTOOR. 3. K.K.SHAMSUDHEEN MASTER, SON OF KOCHUNNI, SHAJI MANZIL, CHOTTOOR P.O. 4. ABDUL KALAM, SON OF HASSAN MOHAMMED, ANAS MANZIL, NEDUNGODE, CHOTTOOR. 5. P.K.KASIM, SON OF PICHA RAWTHER, DARUNOOR, NEAR THS, CHITTOOR. 6. RAFUL RAHIM, SON OF LATE R.ABDUL JABBAR, NEAR GOVERNMENT HOSPITAL, CHITTOOR. 7. K.BABU NAVABJAAN, SON OF LATE KANJI MEERAN-SAHIB, OPPOSITE T.H.S. NEDUNGODE, CHITTOOR. 8. M.MAJEED, SON OF MUTHURAWTHER, VALAVUPALAM, CHITTOOR. 9. K.ABDUL AZEEZ, SON OF KADER SHAH RAWTHER CHIRAVATTOM, CHITTOOR. 10. C.MUSTAPHA, SON OF CHELLA RAWTHAR, PALAPPALLOM, MANCHIRA, CHITTOOR. 2 11. M.BASHEER, SON OF MUTHUKUTTY RAWTHER, VERKOLI, CHITTOOR. 12. HASSAN MUHAMMED K., SON OF KATHER, PALAPPALLAM, CHITTOOR P.O. 13. R.CHANSA, SON OF LATE REHMAN SAHEB, KOSATHARA, CHITTOOR. 14. A.NASAR AHMED, SON OF ABDUL HAMEED, KOSATHARA, CHITTOOR. 15. JAINUL ABDEEN, SON OF HUSSAIN RAWTHER, KADIMPIDI, CHITTOOR. BY ADV. MR.T.H.ABDUL AZEEZ RESPONDENT(S): PLAINTIFFS AND 15 TH DEFENDANT 1. KAMAR BEEVI, WIF OF LATE SHEIK KAREEM SAHIB, THAMARA CHIRAYIL, CHITTOOR VILLAGE, CHITTOOR TALUK (DIED ON 20.09.2003) 2. NAWABJANI, AGED 49 YEARS, S/O LATE KAREEM SAHIB, GOVERNMENT EMPLOYEE. 3. ABDUL RASHEED, AGED 40 YEARS, BUSINESS, SON OF LATE KAREEM SAHIB, GOVERNMENT EMPLOYEE 4. MUMTHAZ, AGED ABOUT 50 YEARS, DAUGHTER OF LATE KAREEM SAHIB, NOW RESIDING AT LALY ROAD, COIMBATORE TOWN. 5. SAHIRUNNISA, DAUGHTER OF SHEIK KAREEM SAHIB, WIFE OF LATE CHAND BASHA, AGED ABOUT 47 YEARS, EMPLOYEE OF CTC COMPANY. 6. NOORJAHAN, AGED ABOUT 45 YEARS, DAUGHTER OF LATE KAREEM, WIFE OF ANWAR PASHA, THAMARA CHIRAYIL, EMPLOYEE OF CTC COMPANY. 3 7. AFROSE, AGED ABOUT 44 YEARS, DAUGHTER OF LATE SHEIK KAREEM SAHIB, WIFE OF ABDUL RAWOOF, RESIDING AT POLICE QUARTERS, POLLACHI TOWN. 8. ZAKKIR HUSSEIN, SON OF LATE JHAN BASHA, AGED ABOUT 36 YEARS, RESIDING AT THAMARACHIRAYIL COURT ROAD, CHITTOOR VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. 9. C.MOHAMMED RAFI, SON OF LATE CHAM BASHA, AGED ABOUT 35 YEARS, RESIDING AT THAMARA CHIRAYIL, PALAKKAD DISTRICT. 10. C.VIKKAR, SON OF LATE CHAN BADSHAH, RESIDING AT THAMARA CHIRAYIL, PALGHAT DISTRICT. 11. C.FAREEDA, DAUGHTER OF LATE CHAN BASHA, AGED ABOUT 28 YEARS, RESIDING AT THAMARACHIRAYIL, PALAKKAD DISTRICT. 12. C.ANZAR, SON OF LATE BADSHA, THAMARA CHIRA, PALAKKAD DISTRICT. 13. THE SECRETARY, KERALA WAKF BOARD, ERNAKULAM. R13 BY ADV. MR.M.M.SAIDU MUHAMMED,SC,WAKF BOARD R2 TO 4 & 7 TO 12 BY ADV. MR.H.BADARUDDIN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/12/2009, ALONG WITH CRP NO.615 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. Nos.298 & 615 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of DECEMBER, 2009 O R D E R Raman, J 1. Both these revisions arise from the same judgment and decree passed by Wakf Tribunal, Ernakulam in W.O.S.12/2002. While C.R.P 298/2008 has been filed by the defendants, C.R.P.615 is filed by the plaintiffs. The suit is filed seeking declaration, consequential injunction and fixation of boundary and other reliefs. 2. The suit was originally filed before the Munsiff Court, Chittoor as O.S.No.283/1995 and subsequently, the plaint, was transferred to the Wakf Tribunal and numbered as W.O.S.12/2002. Parties went for trial and ultimately a decree was passed. The suit was decreed partly. 3. Since the suit is instituted prior to the commencement of Wakf Act 1995, the question that arises C.R.P Nos. 298 & 615 of 2007 2 for consideration is whether Wakf Tribunal has jurisdiction over a pending matter instituted before the Civil Court prior to the commencement of the Act. A Division Bench of this Court in Muhammed Sahib v. Mohammed Ibrahim2007 (2) KLT 56 after noticing the Judgment of earlier Division Bench of this Court in Pukoya Haji Vs. Cheriya Haji 2003 KLT 32, held that Pukoya Haji's case considered only the question regarding maintainability of the suit filed before the Civil Court, after the introduction of Section 85 of the Act, but with respect to the pending suits, it was held that the Civil court will continue to have jurisdiction. In the light of the above decision of the Division Bench of this court, it has to be held that the Tribunal has no jurisdiction in pending matters. The present suit was instituted before Munsiff court prior to the commencement of Wakf Act 1995. 4. Accordingly, the judgment and decree passed by the Wakf Tribunal is set aside and we direct the Wakf Tribunal to transfer all records to the Munsiff court, C.R.P Nos. 298 & 615 of 2007 3 Chittoor, whereupon the Munsiff court shall dispose of the same as expeditiously as possible within a period of six months. Parties may appear before the Munsiff Court on 15/02/2010. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl