IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 CRP.No. 342 of 2007(B) ---------------------- AGAINST THE ORDER DATED 16/03/2007 IN IA.11/2007 IN OS.2/2007 of WAKF TRIBUNAL, KOZHIKODE REVN. PETITIONERS/RESPONDENTS: ------------------ 1. ODUMBRA PAZHAYA JUMAATH PALI PARIPALANA COMMITTEE, REP. BY ITS SECRETARY,P.MUHAMMED S/O.KOYA,RESIDING AT PULIKKALAKATH HOUSE, OLAVANNA AMSOM DESOM,KOZHIKODE TALUK. 2. MOIDEEN MOULAVI,S/O.MARAKKARUTTY, PRESIDENT,ODUMBRA PAZHAYA JUMAATH PALI PARIPALANA COMMITTEE,RESIDING AT NEDUMBOYIL HOUSE, ODUMBRA,OLAVANNA,KOZHIKODE . 3. P.MUHAMMED, S/O.KOYA,SECRETARY, ODUMBRA PAZHAYA JUMAATH PALI PARIPALANA COMMITTEE, RESIDING AT PULIKKALAKATH HOUSE, OLAVANNA AMSOM DESOM,KOZHIKODE TALUK. BY ADVS. SRI.V.V.SURENDRAN SRI.P.M.PADMANABHAN SRI.P.A.HARISH SMT.SANIKA.V.S. RESPONDENTS/PETITIONERS: ------------- 1. N.AHAMMED, S/O.ALI,RESIDING AT PANANGATTY HOUSE, OLAVANNA DESOM, KOZHIKODE TALUK. 2. MUHAMMED KOYA.P.,S/O.RAYINKUTTY, RESIDING AT POOLAKKAL HOUSE, KAMBILI PARAMBA,OLAVANNA DESOM AMSOM, KOZHIKODE TALUK. BY ADV. SRI.ESM.KABEER FOR R1 & 2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO.1072 OF 2007 IN C.R.P. NO,.342 OF 2007. DISMISSED 2.7.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- C.R.P.NO. 342 OF 2007 ---------------------------------------------------------------- Dated this the 2nd day of July, 2008 O R D E R Kurian Joseph, J. This Civil Revision Petition is filed by the defendants aggrieved by the order in I.A. No.11 of 2007 in O.S. No.2 of 2007on the file of the Wakf Tribunal, Kozhikode. Petitioners are respondents and respondents are the petitioners in the above application. In O.S. No.2 of 2007, the respondents sought permanent prohibitory injunction against the petitioners and their men , restraining them from plying any vehicles through the plaint schedule property and causing damages or disturbance to the kabar and mosque in the property. As per I.A. No.11 of 2007, they sought the same relief as a temporary injunction. The petitioners opposed the application by filing a detailed counter statement. The learned Tribunal considered the matter on the pleadings and materials available on record including the commission report and passed the impugned order granting injunction. 2. On 11.4.2008, we passed the following order: C.R.P. NO.342/2007 2 "Petitioners are permitted to use JCB for the purpose of levelling the 50 cents of land behind the Kabarsthan. It is made clear that no tipper lorry shall be brought to the premises. But the JCB can be used with other attached implements for levelling the land." In view of the intervening developments as above, the rest of the disputes can be decided in the suit itself. Therefore, the Civil Revision Petition is disposed of directing the Wakf Tribunal to dispose of O.S. No.2 of 2007 expeditiously. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.342/2007 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. C.R.P. NO. 342/2007 O R D E R 2nd July, 2008