MUHAMMED MUSTHAFA Vs. V.P.KUNJAHAMMED KUTTY

JUDGEMENT

(1.) The revision petitioners herein are the petitioners in I.A. No.2544/2019 filed in O.S. No.37/2019 before the Wakf Tribunal, Kozhikode. The relief sought for therein is for a joint trial of O.A. No.62/2019 pending before that Tribunal along with O.S. No.37/2019. The Tribunal found that, O.S.No.37/2019 is being tried jointly with O.S. No.81/2019. Both the said cases are original suits, whereas O.A. No.62/2019 is an original application filed challenging an order passed by the Wakf Board, filed under Section 83(2) of the Wakf Act.

(2.) Heard counsel appearing for the revision petitioners; counsel appearing for the party respondent as well as learned Standing Counsel appearing for the 2nd respondent.

(3.) It is conceded by counsel appearing for all the parties that all the three cases pending before the Wakf Tribunal pertains to administration of the same Wakf. Hence we are of the opinion that a joint disposal of all the three cases will be desirable and will help to avoid conflicting decisions. But, as pointed out by the counsel appearing for the 1 st respondent, there is no necessity to let in evidence in O.A. No.62/2019, because it is a continuation of the proceedings which was already decided by the Wakf Board and the challenge raised is one coming within the purview of Section 83(2) of the Wakf Act.