ABDUL MAJEED MUSLIYAR Vs. M T MAMMED KOYA

JUDGEMENT

(1.) Petitioners challenge Ext. P1 judgment passed by the District Judge, Kozhikode in CMA 2278/2000. The order passed in favour of the petitioners was set aside as per the said judgment. Petitioners submitted that on 17.3.2001, when Ext. P1 was passed by the District Judge Kozhikode in CMA 2278/2000, the Wakf Tribunal had been constituted in Kozhikode and therefore the District Court did not have any jurisdiction to entertain that appeal in the light of S.85 of the Wakf Act, 1995. This is the only ground urged.

(2.) Wakf Tribunals are constituted to try the suit and other proceedings relating to the Wakf. Naturally, the bar of jurisdiction provided for under S.84 will be in respect of such suits and proceedings which are pending. It cannot have any effect on the appellate jurisdiction exercised by the District Court in terms of the Code of Civil Procedure. Wakf Act does not in any way affect the appellate jurisdiction exercised by the District Court. Therefore, Ext. P1 judgment passed on 17.3.2001 cannot be said to be without jurisdiction as contended by the petitioners.