RAMANKUTTY Vs. NARUL HUDHA YATHIM KHANA

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 115 of the Code of Civil Procedure challenging order dtd. 2/12/2021 in O.S.No.674/1998 on the file of Munsiff Court, Wadakkanchery. The revision petitioner is the 3rd defendant in the above Suit. The respondents herein are the plaintiff and other defendants.

(2.) Heard the learned counsel for the petitioner. Nobody appeared for the respondents even after service of notice.

(3.) It is argued by the learned counsel for the petitioner that in view of the latest decision of the Honourable Supreme Court reported in [2021 (6) KLT 482], Rashid Wali Beg v. Farid Pindari & Ors., civil court has no jurisdiction to deal with the Suit. In the above decision, it has been held that the Wakf Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure and as per Sec. 83(1) of the Wakf Act, the Wakf Tribunal is having jurisdiction to decide any dispute or question or other matter (i) relating to a Waqf and (ii) relating to a Waqf property.