IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 CRP.No. 776 of 2006(G) ---------------------- OS.13/2004 of WAKF TRIBUNAL, KOLLAM .................... REVN. PETITIONER(S): DEFENDANTS 1 TO 3 -------------------------------------- 1. PORUVAZHY MAYYATHUMKARA HANAFI JAMA-ATH, PALLIMURI, PORUVAZHI VILLAGE, KUNNATHOOR TALUK, AMBALATHUMBHAGOM P.O., KOLLAM- 690 520. 2. BASHEER RAUTHER,AGED 50 YEARS, S/O. IBRAHIM, PRESIDENT, PORUVAZHY MAYYATHUMKARA HANAFI JAMA-ATH, PALLIMURI, PORUVAZHI VILLAGE, KUNNATHOOR TALUK, AMBALATHUMBHAGOM P.O., KOLLAM- 690 520. 3.A.S. SAMEER, AGED 30, S/O. SHAHUL HAMEED RAUTHER, SECRETARY, PORUVAZHY MAYYATHUMKARA HANAFI JAMA-ATH, PALLIMURI, PORUVAZHI VILLAGE, KUNNATHOOR TALUK, AMBALATHUMBHAGOM P.O., KOLLAM- 690 520. (THE NAME A ND ADDRESS OF THE ABOVE PETITIONERS 2 AND 3 ARE SUBSTITUTED IN THE PLACE OF THE NAME AND ADDRESS OF THE FORMER PRESIDENT AND SECDRETARY SHOWN AS PETITIONERS 2 AND 3 IN THE CAUSE TITLE OF THE CRP AS PER ORDER DATED 18.6.2008 IN I.A. NO. 1287/08.) BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SRI.RAFFEEKH.K SMT.VIDYA KUMARI.B.VAID RESPONDENT(S): PLAINTIFFS & 4TH DEFENDANT ----------------------------------------- 1. PORUVAZHY MAYYATHUMKARA SHAFI JAMA-ATH, PORUVAZHY VILLAGE, PALLI MURI, SOORANAD P.O. KUNNATHOOR TALUK 690522. 2. REPRESENTING THE ABOVE JAMA-ATH PRESENT PRESIDENT K.SUBAIRKUNJU, AGED 53. 3. REPRESENING THE ABOVE JAMA-ATH PRESENT SECRETARY S.HUZAIN, AGED 33. 4. SECRETARY, WAKF BOARD, ERNAKULAM. ADVS. SRI.T.M.CHANDRAN FOR R1 TO 3 SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD FOR R4 SRI.V.A.SASIDHARAN FOR R1 TO R3 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- C.R.P. NO. 776 OF 2006 --------------------------------------------------------- Dated this the 13th day of January, 2009 O R D E R Raman J. This is a revision filed by defendants 1 to 3 in O.S. No. 13 of 2004 on the file of the Wakf Tribunal, Kollam. Plaintiffs and the 4th defendant are the respondents herein. The suit was one for permanent prohibitory injunction restraining the defendants and anybody acting under them from entering into the plaint B schedule property or unauthorisedly causing waste or damage and from making any construction in the property and also for fixing the boundary. The plaint was subsequently amended and a prayer for mandatory injunction for demolition of the unuthorised construction was included. In the written statement filed by the revision petitioners/defendants, it was contended that the suit is not maintainable and opposed the prayer for injunction on various other grounds. The Wakf Tribunal decreed the suit allowing the plaintiffs to fix their boundaries as per Ext.C3 plan on b..c..d..e..g..h..i..l..j..a..k.. The Tribunal also granted mandatory injunction for removing plaint B schedule shed measuring 2 1/2 ft. alleged to have been an encroachment and also the C.R.P. NO.776/2006 2 arch and gate constructed in b..c..d portion. The Tribunal further ordered that in case the direction is not carried out, the plaintiffs can seek appropriate direction for demolition of the construction at the expense of the defendants. However, prohibitory injunction sought for by the plaintiffs was refused. Aggrieved thereby, this revision is filed. 2. During the pendency of this revision petition, the parties settled their disputes amicably and has filed a compromise petition in terms of Order XXIII Rule 2 C.P.C. We have gone through the compromise petition and the same is accepted. Accordingly, the Civil Revision Petition is disposed of decreeing the suit in terms of the compromise in the place of the existing decree. The compromise petition along with the annexures will form part of this order. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ C.R.P. NO.776/2006 3 P.R. RAMAN & C.T. RAVIKUMAR, JJ. C.R.P. NO. 776/2006 O R D E R 13th January, 2009 C.R.P. NO.776/2006 4