CHAKKIPARAMBATH ABDUL RASHEED Vs. CHENAKKAL JUMA-ATH PALLI PARIPALANA COMMITTEE,MOONNIYOOR,TIRURANGADI TALUK MALAPPURAM

JUDGEMENT

(1.) THIS revision petition is filed by a third party, who is a member of Chenakkal Juma-ath Palli Paripalana Committee, against the order in O.P.14 of 2007 on the file of Wakf Tribunal, Kozhikode.

(2.) THAT Original Petition was filed by two of the members of the general body of the above Committee under Sections 83 and 94(2) of the Kerala Wakf Act, 1995. The petitioners in the above Original Petition are the respondents 6 and 7 in this Civil Revision Petition. Respondents 1 to 5 herein are the respondents 1 to 5 in that Original Petition. The facts of the case as mentioned in the C.R.P. are briefly as follows :

(3.) AT the time of argument, learned counsel for the revision petitioner raised the following contentions : O.P.14/2007 is one filed under Order 1 Rule 8 of the Civil Procedure Code. The petition filed in a representative character was compromised without following the procedure laid down in Order 1 Rule 8 sub-rule (4) of the Civil Procedure Code and while recording the compromise the Wakf Tribunal did not keep in mind the welfare of the residents of the Mahal. The Tribunal ought not to have merely disposed of the matter by appointing a Commissioner and ought to have directed the election to be conducted under the supervision of the Tribunal. Learned counsel for the original petitioners supported the order of the Wakf Tribunal.