IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 CRP.No. 835 of 2005() --------------------- OS.5/2002 of WAKF TRIBUNAL, KOLLAM .................... REVN. PETITIONER(S)/DEFENDANTS: --------------------- 1. SHAHUL HAMEED, SON OF MYTHENKUNJU, KUNNEL VEEDU, PULIYOORVANCHITHEKKU, THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK. 2. MASJIDUNNOOR, NO.Q.376/2002, KUNNEL JUNCTION, PULIYOOR P.O., THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.T.B.HOOD RESPONDENT/PLAINTIFF: --------------- VELUTHAMANAL MUSLIM JAMA-ATH, MUZHANGODI, THODIYOOR P.O., KARUNAGAPPALLY, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.B.SURESH KUMAR FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P.S.GOPINATHAN, JJ. ----------------------------------------------- CRP. No. 835 of 2005 ----------------------------------------------- Dated this the 29th day of October, 2010 O R D E R Gopinathan, J. Revision petition was filed by the defendants in O.S.5/02 on the file of the Wakf Tribunal, Kollam assailing a decree declaring Exts. B5 and B6 documents null and void and a consequential decree of prohibitory injunction. Today when the revision petition came up for hearing Shri T.H. Abdul Azeez, learned counsel appearing for the revision petitioner submitted that this matter is covered by the decision of the Apex Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf, 2010(3) KLT 862 (SC). The learned counsel for the respondent did not dispute. Having due regard to the nature of the relief sought for and decree CRP. 835/05 -2- granted, we find that the suit is not maintainable before the Wakf Tribunal. In the above circumstance the judgment and decree under challenge are set aside and the matter is remitted back to the Tribunal below so as to enable the plaintiff to get the suit returned in the event it is sought for and to present before the appropriate court. (PIUS C.KURIAKOSE, JUDGE) (P.S. GOPINATHAN, JUDGE) ksv/-