ABDUL LATHEEF AND ORS Vs. K P ABDURAHIMAN

JUDGEMENT

(1.) This revision petition under Section 83 (9) of the Wakf Act, 1995 is filed by respondents 1 to 4 in I.A No.514/2012 in O.S No.30/12 on the file of the Wakf Tribunal, Kozhikode. First respondent preferred the above suit before the Tribunal seeking a decree of permanent prohibitory injunction restraining the petitioners from interfering with the administration of wakf by the 1st respondent as mutawalli with a pleading that as per partition deed No.422/1945 he was nominated as Mutawalli of the Puzhakkara Kammadath Juma Masjid and has been acting so and that the petitioners who are defendants 1 to 4, had been attempting to interfere with the administration of the mosque, for which they have no manner of right and that the 1st respondent is not in a position to resist the high handed activities of the petitioners.

(2.) Along with the suit, I.A No.514/2012 was filed seeking an order of ad-interim injunction. The Tribunal having satisfied with a prima facie case granted an order of ad-interim injunction and notice was ordered to the petitioners. Petitioners entered appearance and filed a detailed,counter,inter alia contending that the 1st respondent relinquished the mutawalliship to the General Body of the Mahal which elected a committee and that the petitioners as elected committee members have been discharging the functions of the Mutawalli since 1980 and that the 1st respondent aged 89 years was sick and bed-ridden and that the son of the 1st respondent Subair had been trying to interfere with the administration of the wakf by the petitioners and that the suit and the petition for injunction were filed without bona fides and prayed for dismissal of the petition. In support of the pleadings, 22 documents were produced.

(3.) The Tribunal heard either side and by the impugned order made the interim injunction absolute. Assailing the above order, this revision petition is preferred.