VARANI Vs. V ABDULKHADER

JUDGEMENT

(1.) THE former appeal arises from the order dated 10-11-1998 in I.A.No.2773 of 1998 in O.S.No.314/1994 on the file of the Sub Court, Thrissur. As per the said order a Receiver was appointed to manage the affairs of Kaliyarode Mosque and Jaram. This court by interim order dated 2-12-1998 in C.M.P.No.7946/1998 stayed the operation of the order under appeal. Subsequently the suit itself was dismissed for default. THErefore, practically the appeal, C.M.A.No.317/1998 has become infructuous. It is also to be noted that the appellant Sri.Avaran died on 14-2-2002 and the legal heirs are not impleaded in the appeal. On that ground also the appeal is liable to be dismissed.

(2.) C.M.A.No.96/2000 is filed against the order dated 25-1-2000 in I.A.No.4769/1999 in O.S.No.314/1994 on the file of the Subordinate Judge's court, Thrissur. The petitioners/plaintiffs 5 and 6 are the appellants. The suit was filed: (1) for removal of Avaran referred to above from the office of the Manager; (2) for framing a scheme; and (3) for rendition of accounts. The suit was dismissed for default on 13-9-1999. I.A.No. 4769/1999 was filed for restoration. The same was dismissed by order dated 25-1-2000. The appellants have impleaded the present Manager of the Jaram referred to above. In view of the intervening developments what actually survives is only the relief regarding rendition of accounts since in the meanwhile a scheme has already been framed, Avaran is no more and the scheme thus framed is now subject matter of Wakf O.A.No.1/2004 on the file of the Wakf Tribunal, Ernakulam. The legal heirs of Avaran as such are not impleaded. For all the above reasons these appeals are liable to be dismissed. Parties agree that in view of the pendency of Wakf O.A.No.1/2004 on the file of the Wakf Tribunal, Ernakulamm this court need not go into all the disputed questions of fact and law involved in these appeals and the parties may be permitted to take up the surviving grievance, if any, in the pending proceedings before the Wakf Tribunal or other appropriate proceedings. Ordered accordingly and the appeals are dismissed.