IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 CRP.No. 1052 of 2007() ---------------------- AGAINST THE ORDER DATED 16/10/2007 IN (WAKF TRIBUNAL) IN (W)OS.2/2005 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONER: --------------------- 1. M/S.ASYA BAI TRUST,MATTACHERY,KOCHI-2. A WAKF REGISTERED WITH THE KERALA WAKF BOARD, REPRESENTED BY ITS MANAGING TRUSTEE AND MUTHAVALLY MR.H.E.MOHAMMED BABU SAIT,S/O.ESSA SAIT,RESIDING AT KRISHNA SWAMI CROSS ROAD,ERNAKULAM. 2. M/S.SANANA ISLAMIYA TRUST,MATTACHERRY, COCHIN-2,REPRESENTED BY MANAGING TRUSTEE AND MUTHUVALLY MR.H.E.MOHAMMED BABU SAIT,S/O.ESSA SAIT RESIDING AT KRISHNA SWAMI CROSS ROAD,ERNAKULAM. BY ADV. SRI.C.K.RAFEEK RESPONDENTS: ------------- 1. V.H.MUHAMMED RAFEEK,S/O.HAMSA AGED ABOUT 52 YEARS,RESIDING AT VALIYAPARAMBIL HOUSE, K M P ROAD,PALLURUTHI,KOCHI-6. 2. M/S.SEALINE HOTELS PVT.LIMITED,KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR, V.H.MOHAMMED RAFEEK,S/O.HAMSA AGED ABOUT 52 YEARS, RESIDING AT VALIYAPARAMBIL HOUSE,K MP ROAD, PALLURUTHI,KOCHI-6. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN- UL-RASHID,JJ. -------------------------------------------------------- C.R.P.NO.1052 OF 2007 -------------------------------------- DATED THIS THE 22ND DAY OF JANUARY, 2008 O R D E R KURIAN JOSEPH, J. Petitioners in (W)O.S.No.2/05 on the file of the Wakf Tribunal , Ernakulam are the petitioners in this Civil Revision Petition. They are aggrieved by the judgment dated 16.10.2007 whereby the Wakf Tribunal rejected the plaint for non-payment of balance court fee. Though the prayers are vehemently opposed by the respondents, in view of the facts and circumstances as stated in the memorandum of Civil Revision Petition, we are satisfied that it is in the interest of justice that an opportunity be given to the petitioners by enlarging the time for payment of the balance court fee and prosecute the matter on merits. Accordingly, we set aside the judgment and decree in (W)O.S.No.2/05 on the file of the Wakf Tribunal, Ernakulam. The petitioners/plaintiffs may remit the balance court fee on or before 01.02.2008. Thereafter the Wakf Tribunal shall dispose of the matter in accordance with law expeditiously. It is made clear that in case the balance court fee is not paid on or before 01.02.2008, the C.R.P. itself will stand dismissed. KURIAN JOSEPH, JUDGE. HARUN- UL-RASHID,JUDGE. dsn