ABDURAHIMAN KUNNATH Vs. KIZHAKKUMPAD MUSLIM JUMA ATH COMMITTEE

JUDGEMENT

(1.) Facts are simple. Admitted too. Petitioners who are plaintiffs filed their suit before the waqf tribunal, Kozhikode seeking a decree of permanent injunction. The relief sought was to restrain the respondents/defendants from demolishing a building in which was housed a madrassa. The tribunal initially granted an ad interim order of injunction. It was later vacated. Thereafter the respondents constructed an upper floor on the existing building retaining the ground floor as such. The suit virtually became infructuous then. The petitioners filed an application to amend the plaint. The amendment sought was to incorporate three more reliefs. The tribunal after hearing both sides dismissed the said application.

(2.) We heard Sri.K.M.Firoz, the learned counsel for the petitioners and Sri.R.Ramadas, the learned counsel for the respondents.

(3.) The suit virtually became infructuous when the respondents renovated the building. The petitioners sought amendment to incorporate three reliefs. One was to grant a mandatory injunction directing the respondents to give membership of the mahal to the petitioners. Such a relief was totally outside the scope of the suit as rightly said by the tribunal.