COIMBATORE ATHUPALAM SHAFIA AHALUI SUNNATH JAMATH REP BY ITS PRESIDENT M M ABDUL RAHIM Vs. NOYYAL RIVER SULTHAN AWALIA DARGHA WAKF REP BY ITS MUTHAVALI SYED MOHIDEEN

JUDGEMENT

(1.) THE judgement-debtor/defendant is the revision petitioner. THE respondent filed O.S.No.607 of 1980 for mandatory injunction and the suit was dismissed. THE appeal filed by the respondent in A.S.No.33 of 1988 on the file of the I Additional District Judge, Coimbatore was allowed and the judgement and decree of the trial court was set aside and three months' time was given to the revision petitioner to remove the construction. THE revision petitioner filed a second appeal against the judgement and decree passed in A.S.No.33 of 1988 and the same was dismissed in the year 2006. THEreafter, the respondent filed E.P.No.48 of 2008 to execute the decree passed by the first appellate court and the E.P. was ordered. Aggrieved by the same, this revision is filed.

(2.) IT is submitted by the learned counsel for the petitioner that admittedly, the suit O.S.No.607 of 1980 was filed by the Muthavali Syed Mohideen representing Noyyal River Sulthan Awalia Dargha Wakf and E.P.No.48 of 2008 was filed by one S.M.Mehaboob Basha claiming to be the present Muthavali of the said Wakf and therefore, the execution petition filed by the S.M.Mehaboob Basha is not maintainable. He further submitted that admittedly by proceedings dated 30.10.2009, the said S.M.Mehaboob Basha was appointed as Muthavali for the period from 24.9.2009 to 23.9.2012 and therefore, for the year 2008, he had no authority to represent the Wakf. Therefore, he submitted that E.P.No.48 of 2008 filed by the respondent is not maintainable. He further submitted that despite objection was raised by filing counter, the court below without considering the objection passed the order in the execution petition filed by the respondent.

(3.) THE revision is dismissed. No costs. Consequently the connected M.P.No.1 of 2011 is also dismissed.