VENGODE MUSLIM JAMA ATH Vs. SHAJAHAN

JUDGEMENT

(1.) The Writ Petition is filed seeking the following reliefs:

(2.) Petitioners are the defendants in OS No. 405 of 2008 on the file of the Munsiff Court, Attingal. Suit is for declaration and injunction and the respondents are the plaintiffs. The plaintiffs who are members of the first respondent Jama-ath were expelled from the Jama-ath for a period of five years allegedly for the reason that the body of their father was buried honouring his pious wish in the property set apart beside a mosque put up by him in his property and not in the graveyard of the Jama-ath. Pursuant to issuing a showcause notice imputing violation of religious precedents affecting the unity of the Jama-ath to which the plaintiffs offered their explanation, the Jama-ath expelled them from its membership for a period of five years. Such expulsion interdicted them from offering namaz in the mosque apart from excluding them from various activities of the Jama-ath, and its members from having any association with them, which amounted to their ostracization and excommunication apart from the incompensatable distress and defamation damnifying their reputation for ever, was the case presented by the petitioners in the suit for claiming a declaration that the decision of the first defendant Jama-ath to expel them from its membership is illegal and not enforceable, and also their entitlement to participate in all religious and social activities of the Jama-ath. A decree of permanent prohibitory injunction was also sought for to restrain the defendants from enforcing the expulsion order and from preventing them from participating and performing the social and religious activities including worship in the mosque and enjoying other facilities as members of the first respondent Jama-ath. The plaintiffs moved an application for interim injunction for identical relief as claimed in the decree for permanent prohibitory injunction and the learned Munsiff passed an ex parte order of injunction as canvassed for P1 is the copy of the plaint and P2 is the copy of the ex parte order of interim injunction. The defendants, on appearance, filed objections to the interim application for injunction in which among other contentions maintainability of the suit and the application for interim injunction was also challenged contending that the first respondent Jama-ath is a 'Wakf' and in respect of any dispute relating to the wakf, the Tribunal constituted under the Wakf Act alone, but not the civil Court has the jurisdiction, as interdicted under S.85 of the Wakf Act, 1995. Another challenge was also raised that since the first respondent Jama-ath is an unregistered association, a suit against it otherwise than in a representative capacity complying with the requirements under O.1 R.8 CPC will not lie. In the objections challenging the application for interim injunction, the defendants also disputed the factual basis of the suit claim and also entitlement of the plaintiffs for the reliefs therein including the discretionary of relief sought for in the interlocutory application contending that the Jama-ath is fully competent and empowered to expel them for anti religious activities repugnant to religious tenets and custom.

(3.) In the light of the challenges raised by the defendants questioning the maintainability of the suit before the Civil Court in the objections filed by them to the interim application for injunction of the plaintiffs and as requested by their counsel at the time when that application was taken up for hearing, the learned Munsiff proceeded to consider that challenge preliminarily and, hearing the counsel on both sides on that question, passed P4 order holding that the Civil Court has jurisdiction to entertain the suit and it is maintainable. Propriety and correctness of P4 order and also P2 order of ex parte interim injunction granted in favour of the plaintiffs is challenged by the defendants in the Writ Petition invoking the supervisory jurisdiction vested with this Court under Art.227 of the Constitution of India.