KOTTAYAM MAHAL MUSLIM JAMA Vs. JASSIM AND OTHERS

JUDGEMENT

(1.) The revision petitioners are defendant Nos. 9 and 10 in O.A.2/2018 of the Waqf Tribunal, Kollam as well as respondent Nos. 1 and 2 in I.A. No. 4/2018 in the aforesaid original suit. This revision petition has been filed, challenging the legality and propriety of the findings in the order, passed in the aforesaid interlocutory application.

(2.) Heard the learned counsel for the revision petitioners and the learned counsel for the respondents.

(3.) Going by the impugned order, though a temporary prohibitory injunction was sought, the Tribunal as not inclined to pass such an order and passed an order of status quo only. Therefore, no prejudice will be caused to the revision petitioners herein. We further find that the Tribunal has passed the order of status quo, on a finding that the fact in dispute, involved in the original suit, can be decided after a full-fledged trial. The objection filed by the 10th defendant clearly shows that they are claiming exclusive right over the landed properties and the administration of the 1st defendant, claiming that the 3rd 5th and 7th defendants have no right over the landed property. Thus, serious dispute canters around the title and possession over the said landed property. Therefore, we also find that the fact in dispute involved in the original suit can be determined after a full-fledged trial. In the above circumstance, the Tribunal is justified in directing the parties to maintain status quo till the disposal of the original suit.