IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 CRP.No. 285 of 2007() --------------------- OS.16/2005 OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONER (PLAINTIFF) ---------------------------------------- HYDROS JUMA MASJID COMMITTEE,REPRESENTED BY THE PRESIDENT T.A.MOHAMMED BADRUDDIN,AGED 52 YEAS,S/O.T.ABDULLA,NOW RESIDING AT VIDYANAGAR,\ KASARGOD VILLAGE,KASARGOD TALUK,P.O VIDYA NAGAR. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT/DEFENDANT --------------------------------- MORIS,AGED 42 YEARS,SON OF DENNIS,ROMAN CATHOLIC CHRISTIAN,DOING BUSINESS IN DOOR NO.KMC 22/214,KASARGOD MUNICIPALITY,THERUVATH,TALANGARA VILLAGE,KASARGOD TALUK,P.O TALANGARA. BY ADVS. M/S.R.BINDU (SASTHAMANGALAM) PRASANTH M.P THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/11/2010, ALONG WITH CRP NO. 286 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C KURIAKOSE & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = = = = = C.R.P. Nos. 285 & 286 OF 2007 = = = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF NOVEMBER, 2010. O R D E R Gopinathan, J. Common revision petitioner in both these revisions is the plaintiff before the Wakf Tribunal, Kozhikode in O.S. Nos. 17 of 2005 and 17 of 2005. The revision petitioner instituted the suits against the respective respondents seeking a decree for recovery of possession. The Tribunal below dismissed the suits. Assailing the decree and judgment dismissing the suits, revision petitions were filed. The suits were being for recovery of possession, the disputes are covered by the decision of the Apex Court in Ramesh Govindram vs. Surga Humayun Mirza Wakf (2010(3) KLT 862) against the revision petitioners. Hence we find that the suits are not maintainable before the Tribunal below. In the above circumstances, the judgments and decrees under challenge are set aside with liberty to the revision petitioner to move the competent civil court for the relief, if so chosen. There will be no order as to costs. PIUS C KURIAKOSE, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-