MADAVANA MASJIDUL BADARIYA JAMAATH Vs. SEETHI

JUDGEMENT

(1.) The petitioners, who are defendants 1 and 4 in W.O.S.No.18 of 2016 on the file of the Waqf Tribunal, Ernakulam, are before this Court in this original petition filed under Article 227 of the Constitution of India seeking for an order to direct the said Tribunal to try the said suit along with I.A.No.57 of 2017 filed by respondents 1 to 11 herein, the plaintiffs in that suit, under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, seeking for an order to prosecute the defendants in that suit, the petitioners and respondents 13 to 28 herein, for wilful violation and disobedience of Ext.P2 order of injunction granted by the Tribunal on 10.5.2016 in I.A.No.159 of 2016.

(2.) Heard the learned counsel for the petitioners/defendants 1 and 4 before the Tribunal.

(3.) The first petitioner is Madavana Masjidul Badariya Jama-ath and the second petitioner is its Secretary. Going by the averments in the original petition, the first petitioner is in possession and management of the waqf properties consisting of juma masjid, niskara pally, madrassa and khabersthan, etc. The waqf is registered with the Kerala State Waqf Board with registration No.B9-5915/RA and the administration of the waqf is carried out by a Jama-ath Committee consisting of 18 members. The plaintiffs, who are the mahal members filed W.O.S.No.18 of 2016 before the Tribunal, seeking for a declaration that, juma prayer should be conducted in the usual practice followed in the waqf from time immemorial, i.e., the khatheeb should enter into the mimber prior to juma bank and thereafter he should start his jumu'a kuthuba in Malayalam in two sessions along with ham'd, swalat, dua, etc., as per usual practice and same will be followed by two rak'ath of juma namaz as decade long practice, custom, stipulation in bye-law and that, defendants 1 to 18 have no manner of right or authority to change the original mode of juma kuthuba against the above custom, practice and belief hitherto followed in any manner whatsoever.