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. 940 of 2004(H) --------------------------- WOS.11/2003 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONER(S): ------------------------- M/S. ABDUL SATHAR HAJEE MOOSA SAIT DHARMASTHAPANAM, PULLEPADY, KOCHI-18, REPRESENTED BY ITS MUTHAVALLY, A HABBEB, S/O. M.ABDULLA KOYA, AGED 36 YEARS, RESIDING AT AL-HILAL, CIVIL STATION WARD, ALAPPUZHA 688 012. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S): ------------------- MR.PUSHKAR DATT GUPTA S/O. MADHO PARSHAD, AGED ABOUT 60 YEARS, CALCUTTA DISPOSAL STORES, CC.VI/941, MATTANCHERRY, KOCHI-2. ADV. SRI.B.RAMACHANDRAN FOR R1 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.940 of 2004 ------------------------------------------------ Dated this the 20th day of September, 2010 ORDER Pius C. Kuriakose, J Under challenge in this Civil Revision Petition is a negative decree passed by the Wakf Tribunal dismissing a suit for eviction with arrears of rent filed by the plaintiff. We notice the judgment of the Supreme Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010(3) KLT 862 (SC). In view of that judgment it has to be held that the suit is not maintainable before the Wakf Tribunal and is maintainable only before the regular civil court. Under the above circumstances, we modify the impugned judgment C. R. P. No.940 of 2004 -2- and decree and dismiss the suit as withdrawn giving liberty to the revision petitioner/plaintiff to file a fresh suit on the same cause of action before the regular civil court. 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/-