ALIYATHAMMUDA BEETHATHEBIYYAPPURA POOKOYA Vs. PATTAKAL CHERIYAKOYA

JUDGEMENT

(1.) Interlocutory Application No. 93605 of 2018 in Civil Appeal No. 9586 of 2010 for deleting the names of appellant Nos. 3 and 4 and respondent No. 7 from the array of parties is allowed.

(2.) These appeals arise out of the judgment dated 18.12.2007 of the High Court of Kerala at Ernakulam in C.R.P. Nos. 460/2006 and 462/2006. By the impugned judgement, the High Court decreed O.S. No. 1/1998 and dismissed O.S. No. 1/2001. It is relevant to note that O.S. No. 1/1998 was filed by the common respondents in these appeals, whereas O.S. No. 1/2001 was filed by the appellants in C.A. Nos. 9587/2010 and 9588/2010.

(3.) The present dispute pertains to the office of mutawalli of the Andrott Jumah mosque situated in Lakshadweep. The mosque is presently a public waqf registered with the Lakshadweep Waqf Board. The respondents herein are the seniormost male members of the different thavazhies (branches of descendants through the female line) of the Pattakal family. They claim to be the descendants of one Saint Ubaidulla, who is stated to have built the Andrott Jumah mosque, and who was its first mutawalli. Thus, they claim that by customary tradition, the office of the mutawalli of the mosque is vested with their family. It is their case that the members of the family choose the mutawalli from amongst themselves, and Respondent No. 1 is functioning as the present mutawalli of the mosque.