PATHANAMTHITTA MAJILISSAE ISLAMIA Vs. NAGOOR MEERAN SHEIK MUHAMMAD

JUDGEMENT

(1.) This appeal has arisen out of a suit between two sects of the Muslim community of Pathanamthitta, The plaintiff as the secretary and representative of the Majilissae Islamia Association, Pathanamthitta, prays for a declaration that the annual religious festival, known as 'Chandanakudam' conducted by the defendants on the suit property on which a mosque is situated is against the tenets of Islam and for an injunction restraining the defendants as representatives of the community in the locality from conducting it any further. It is averred in the plaint that the Association represented by the plaintiff has 218 votaries and they constitute the majority of the Muslims of the locality.

(2.) Originally, there were only 11 defendants, but in response to a notification under Rule 8 of Order 1, CPC 309 Muslims came forward to get themselves impleaded as additional defendants in the cause, denying the right of the plaintiff's Association to represent the majority of the Muslims of Pathanamthitta and asserting their right to celebrate 'Chandanakudam' at the suit property and mosque as a religious festival of the Muslims.

(3.) Mr. Narayanan Potti, the learned advocate submitted that he had no instructions from the respondent and that he does not desire to participate in the hearing of the appeal in this Court; and therefore no assistance was available in the disposal of this case from the respondents, and the case had to be heard ex parte.