IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 CRP.No. 735 of 2004() --------------------- (JUDGMENT IN OS NO,.11/2002 WAKF TRIBUNAL,KOZHIKODE) REVN. PETITIONER(S)/ DEFENDANT: ------------------------------- KADAKKULATH KUNHALIKUTTY, S/O. KUTTIALI, ADVOCATE, MAHIR MAHAL, CHENAKKAL, CALICUT UNIVERSITY, MALAPPURAM DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): PLAINTIFF: ------------------------- SAMASTHA KERALA SUNNI YVAJANA SANGHAM BY ITS PRESIDENT, CALICUT. ADV. SRI.SUNNY MATHEW FOR CAVEATER THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ C.R.P.No. 735 OF 2004 ------------------------ Dated this the 30th day of September, 2010 O R D E R Pius C.Kuriakose, J. This revision under Section 83(9) of the Wakf Act is directed against the judgment and decree of the Wakf Tribunal allowing recovery of possession of building to the respondent/plaintiff. We notice the judgment of the Supreme Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010 (3) KLT 862)(SC). We are convinced that as laid down in that decision, the Wakf Tribunal did not have jurisdiction over the suit in question. We allow the CRP and set aside the judgment and decree under revision. The suit O.S.No.11/2002 is dismissed as withdrawn with liberty to institute a fresh suit on the same cause of action before the competent court. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk