A ALI AKBAR Vs. DISTRICT MUNSIFF PATTUKOTTAI

JUDGEMENT

(1.) The petitioner, who is a third party to the suit proceedings in O.S. No. 338 of 1992 on the file of the District Munsif of Pattukottai has filed the above civil revision petition under Art. 227 of the Constitution of India against the ex parte decree passed by the said Court granting permanent injunction restraining any other mosque except the mosque in Adhiramattinam from conducting Jumma prayers, which according to him is patently without jurisdiction. According to the petitioner, the District Munsiff, Pattukottai did not have any jurisdiction to even pass such a decree which has resulted in seriously interfering with the religious rights of the petitioner and several members of the Muslim community living in Adhiramapattinam Town.

(2.) In order to appreciate the facts and circumstances leading to the filing of the above civil revision petition, the petitioner states that it is the practice of every Muslim to offer prayer five times daily and the Muslims used to offer 'Jumma prayers' in the mosque in and around the locality, where they live. The respondents 2, 3, 4 and 5 are at present controlling the mosque situate in Adhiramapattinam and attending to the said mosque for prayers as well. The respondents 2 and 3 instituted O. S. No. 338 of 1992 with a strange prayer seeking for permanent injunction restraining respondents 4 and 5 from in any way converting the Pallivasal situate in Beach street, Adirampattinam or in any otherPallivasal in Adirampattinam as Jumma Pallivasal except the suit Pallivasal. Thus, in effect the respondents 2 and 3 wanted the prayer of permanent injunction from a civil court from using any mosque in the town of Adhirampattinam for Jumma prayers on Fridays. The first respondent viz., the District Munsiff granted ex parte interim injunction on 9-4-1992 in I.A. No. 437 of 1992 in which the order passed reads as under :

(3.) The petitioner and other members of the Muslim community were unaware about the order and taking advantage of the ex parte decree respondents 3 to 5 started preventing Jumma prayers to be conducted in any mosque in Adhirampattinam and also resorted to giving police complaint that no other mosque should conduct Jumma prayers stating that there was decree in their favour by which all mosques in Adhirampattinam town were prohibited from conducting the Jumma prayers on Fridays.