IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 CRP.No. 796 of 2006(E) --------------------------- OS.26/2004 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER(S): PETITIONER: ----------------------------------------- A.P. MUHAMMED KUTTY, AGED 54 YEARS, S/O. ASSAMUKUTTY MARAKKAR, MUTHAVALLI, PUTHENPEEDIKA MASJID, PARAPPANANGADI, RESIDING AT ERAMAKKA VEETTIL PUTHIYAKATH NADUVA AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHAMMED PUZHAKKARA SRI.P.S.ABDUL KAREEM RESPONDENT(S): ------------------- 1. CHAPPINAGATHIL UMMER, AGED 21 YEARS, S/O. CHAPPINGATHIL HASSAN, PARAPPANANGADI AMSOM, DESOM, P.O. NADUVA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. PUTHENPEEDIAK PALLI PARIPALANA COMMITTEE, REPRESENTED BY ITS SECRETARY, (VALUTHAMANNU PARAMBL PALLI) NADUVA AMSOM DESOM, PARAPPANANGADI VILLAGE, THIRUNAGADI TALUK. ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ C. R. P. No.796 of 2006 ------------------------------------------------ Dated this the 20th day of September, 2010 ORDER Pius C. Kuriakose, J Under challenge in this revision is a negative decree passed by the Wakf Tribunal in a suit for eviction. Admittedly the property in question is a Wakf property. The judgment of the Supreme Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010(3) KLT 862 (SC) has to be followed. We set aside the judgment and decree under revision and dismiss the suit as withdrawn with liberty to file fresh suit. It is open to the plaintiff/revision petitioner to file a fresh suit before the regular civil court on the same cause of C. R. P. No.796 of 2006 -2- action. The time during which the suit was pending before the Wakf Tribunal and a further period of three weeks from today will be reckoned for the purpose of limitation as provided under Section 14 of the Indian Limitation Act. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/-